perform Services under this Agreement, as amended from time to time . CONSULTANT shall procure all permits and licenses, pay all charges and fees, and give all notices required by law in the performance of the Services.
SECTION 8. ERRORS/OMISSIONS. CONSULTANT is solely resp onsible for costs, including, but not limited to, increases in the cost of Services , arising from or caused by CONSULTANT’s errors and omissions, including, but not limited to, the costs of corrections such errors and omissions, any change order markup cos ts, or costs arising from delay caused by the errors and omissions or unreasonable delay in correcting the errors and omissions.
SECTION 9. COST ESTIMATES. If this Agreement pertains to the design of a public works project, CONSULTANT shall submit estimates of probable construction costs at each phase of design submittal. If the total estimated construction cost at any submittal exceeds the CITY’s stated con struction budget by ten percent (10%) or more , CONSULTANT shall make recommendations to CITY for aligning the P roject design with the budget, incorporate CITY approved recommendations, and revise the design to meet the Project budget, at no additional cost to CITY.
SECTION 10. INDEPENDENT CONTRACTOR. CONSULTANT acknowledges and agrees that CONSULTANT and any agent or employee of CONSULTANT will act as and shall be deemed at all times to be an independent contractor and shall be wholly responsible for the manner in which CONSULTANT performs the Services requested by CITY under this Agreement.
CONSULTANT and any agent or employee of CONSULTANT will not have employee status with CITY, nor be entitled to participate in any plans, arrangements, or distributions by CITY pertaining to or in connection with any retirement, health or other benefits that CITY may offer its employees. CONSULTANT wi ll be responsible for all obligations and pa yments, whether imposed by federal, state or local law, including, but not limited to, FICA, income tax withholdings, workers’ compensation, unemployment compensation, insurance, and other similar responsibilities re lated to CONSULTANT’s performance of the Services, or any agent or employee of CONSULTANT providing same. Nothing in this Agreement shall be construed as creating an employment or agency relationship between CITY and CONSULTANT or any agent or employee of CONSULTANT. Any terms in this Agreemen t referring to direction from CITY shall be construed as providing for direction as to policy and the result of CONSULTANT’s provision of the Services only, and not as to the means by which such a result is obtained.
SECTION 11. ASSIGNMENT . The partie s agree that the expertise and experience of CONSULTANT are material considerations for this Agreement. CONSULTANT shall not assign or transfer any interest in this Agreement nor the performance of any of CONSULTANT’s obligations hereunder without the pri or written approval of the City Manager. Any purported assignment made without the prior written approval of the City Manager will be void and without effect. Subject to the foregoing, the covenants, terms, conditions and provisions of this Agreement will apply to, and will bind, the heirs, succes sors, executors, administrators and assignees of the parties.
SECTION 12. SUBCONTRACTING.
Subcontracts Authorized: Notwithstanding Section 11 (Assignment) above, CITY agrees that new (not listed) subcontractors may be used to complete the Services only with prior approval, DocuSign Envelope ID: 13C137BC-9E36-4011-A965-D62E2DB08DF7 Item 9
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documented in writing, including scope of services, cost, and duration . The use of new subconsultant cannot increase compensation as noted in Section 4. The subcontractors authorized by CITY to perform work on this Project , at the beginning of this Agreement are : Consensus Building Institute, Strategic Economics, CSW | ST2, and David J Powers & Associates.
CONSULTANT shall be responsible for directing the work of any subcon tractors and for any compensation due to subcon tractors. CITY assumes no responsibility whatsoever concerning compensation of subcontractors. CONSULTANT shall be fully responsible to CITY for all acts and omissions of subcon tractors. CONSULTANT shall change or add subcon tractors only with the prior written approval of the City Manager or designee.
SECTION 13. PROJECT MANAGEMENT. CONSULTANT will assign Poonam Narkar, Telephone: 415-363-0438, Email: [email protected] as the CONSULTANT’s Project Manager to have supervisory responsibility for the performance, progress, and execution of the Services and represent CONSULTANT during the day -to-day performance of the Services. If circumstances cause the substitution of the CONSULTANT’s Project Manager or any other of CONSULTANT’s key personnel for any reason, the appointment of a substitute Project Manager and the assignment of any key new or replacement personnel will be subject to the prior written approval of the CITY’s Project Manager. CONSULTANT, at CITY’s request, shall promptly remove CONSULTANT personnel who CITY finds do not perform the Services in an acceptable manner, are uncooperative, or present a threat to the adequate or timely completion of the Services or a threat to the safety of persons or property.
CITY’s Project Manager is Coleman Frick, Planning and Development Services Department, 250 Hamilton Ave. Palo Alto, CA , 94301 Telephone: 650-838-2821, Email:
[email protected]. CITY’s Project Manager will be CONSULTANT’s point of contact with respect to performance, progress and execution of the Services. CITY may designate an alternate Project Manager from time to time.
SECTION 1 4. OWNERSHIP OF MATERIALS . All work product, including without limitation, all writings, drawings, studies, sketches, photographs, plans, reports, specifications, computations, models, recordings, data, documents, and other materials and copyright interests developed under this Agreement, in any form or media, shall be and remain the exclusive property of CITY without restriction or limitation upon their use. CONSULTANT agrees that all copyrights which arise from creation of the work product pursuant to this Agreement are vested in CITY, and CONSULTANT hereby waives and relinquishes all claims to copyright or other intellectual property rights in favor of CITY. Neither CONSULTANT nor its subcontractors, if any, shall make any of such work product available to any individual or organization without the prior written approval of the City Manager or designee. CONSULTANT makes no representation of the suitability of the work product for use in or application to circumstances not contemplated by the Scope of Services.
SECTION 15. AUDIT S. CONSULTANT agrees to permit CITY and its authorized representatives to audit, at any reasonable time during the term of this Agreement and for four (4) years from the date of final payment, CONSULTANT’s records pertaining to matters covered by this Agreement, including without limitation records demonstrating compliance with the requirements of Section 10 (Independent Contractor). CONSULTANT further agrees to maintain DocuSign Envelope ID: 13C137BC-9E36-4011-A965-D62E2DB08DF7 Item 9
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and retain accurate books and records in accordance with generally accepted accounting principles for at least four (4) years after the expiration or earlier termination of this Agreement or the completion of any audit hereunder, whichever is later.
SECTION 16. INDEMNITY.
16.1. To the fullest extent permitted by law, CONSULTANT shall indemnify, defend and hold harmless CITY, its Council members, officers, employees and agents (each an “Indemnified Party”) from and against any and all demands, claims, or liability of any nature, including death or injury to any person, property damage or any other loss, including all costs and expenses of whatever nature including attorney’s fees, experts fees, court costs and disbursements (“Claims”) resulting from, arising out of or in any manner related to performance or nonperformance by CONSULTANT, its officers, employees, agents or contractors under this Agreement, regardless of whether or not it is caused in part by an Indemnified Party.
16.2. Notwithstanding the above, nothing in this Section 16 shall be construed to require CONSULTANT to indemnify an Indemnified Party from a Claim arising from the active negligence or willful misconduct of an Indemnified Party that is not contributed to by any act of, or by any omission to perform a duty imposed by law or agreement by, CONSULTANT, i ts officers, employees, agents or contractors under this Agreement.
16.3. The acceptance of CONSULTANT’s Services and duties by CITY shall not operate as a waiver of the right of indemnification. The provisions of this Section 16 shall survive the expiration or early termination of this Agreement.
SECTION 17. WAIVERS. No waiver of a condition or nonperformance of an obligation under this Agreement is effective unless it is in writing in accordance with Section 2 9.4 of this Agreement. No delay or failure to require performance of any provision of this Agreement shall constitute a waiver of that provision as to that or any other instance. Any waiver granted shall apply solely to the specific instance expressly stated. No single o r partial exercise of any right or remedy will preclude any other or further exercise of any right or remedy.
SECTION 18. INSURANCE.
18.1. CONSULTANT, at its sole cost and expense, shall obtain and maintain, in full force and effect during the term of this Agreement, the insurance coverage described in Exhibit D, entitled “INSURANCE REQUIREMENTS”. CONSULTANT and its contractors, if any, shall obtain a policy endorsement naming CITY as an additional insured under any general liability or automobile policy or policies.
18.2. All insurance coverage required hereunder shall be provided through carriers with AM Best’s Key Rating Guide ratings of A -:VII or higher which are licensed or authorized to transact insurance business in the State of California. Any and all contractors of CONSULTANT retained to perform Services under this Agreement will obtain and maintain, in full force and effect during the term of this Agreement, identical insurance coverage, naming CITY as an additional insured under such policies as required above.
18.3. Certificates evidencing such insurance shall be filed with CITY DocuSign Envelope ID: 13C137BC-9E36-4011-A965-D62E2DB08DF7 Item 9
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concurrently with the execution of this Agreement. The certificates will be subject to the approval of CITY’s Risk Manager and will contain an endorsement stating that the insurance is primary coverage and will not be canceled, or materially reduced in coverage or limits, by the insurer except after filing with the Purchasing Manager thirty (30) days ’ prior written notice of the cancellation or modification. If the insurer cancels or modifies the insurance and provides less than thirty (30) days’ notice to CONSULTANT, CONSULTANT shall provide the Purchasing Manager written notice of the cancellation or modification within two (2) business days of the CONSULTANT’s receipt of such notice. CONSULTANT shall be responsible for ensuring that current certificates evidencing the insurance are provided to CITY’s Chief Procurement Officer during the entire term of this Agreement.
18.4. The procuring of such required policy or policies of insurance will not be construed to limit CONSULTANT ’s liability hereunder nor to fulfill the indemnification provisions of this Agreement. Notwithstanding the policy or policies of insurance, CONSULTANT will be obligated for the full and total amount of any damage, injury, or loss caused by or directly arising as a result of the Services performed under this Agreement, including such damage, injury, or loss arising after the Agreement is terminated or the term has expired.
SECTION 19. TERMINATION OR SUSPENSION OF AGREEMENT OR SERVICES.
19.1. The City Manager may suspend the performance of the Services, in whole or in part, or terminate this Agreement, with or without cause, by giving ten (10) days prior written notice thereof to CONSULTANT. If CONSULTANT fails to perform any of its material obligations under this Agreement, in addition to all other remedies provided under this Agreement or at law, the City Manager may terminate this Agreement sooner upon written notice of termination. Upon receipt of any notice of suspension or termination, CONSULTANT will discontinue its performance of the Services on the effective date in the notice of suspension or termination.
19.2. In event of suspension or termination, CONSULTANT will deliver to the City Manager on or before the effective date in the notice of suspension or termination, any and all work product, as detailed in Section 14 (Ownership of Materials), whether or not completed, prepared by CONSULTANT or its contractors, if any, in the performance of this Agreement. Such work product is the property of CITY, as detailed in Section 14 (Ownership of Materials).
19.3. In event of suspension or termination, CONSULTANT will be paid for the Services rendered and work products delivered to CITY in accordance with the Scope of Services up to the effective date in the notice of suspension or termination; provided, however, if this Agreement is suspended or terminated on account of a default by CONSULTANT, CITY will be obligated to compensate CONSULTANT only for that portion of CONSULTANT’s Services provided in material conformity with this Agreement as such determination is made by the City Manager acting in the reasonable exercise of his/her discretion . The following Sections wil l survive any expiration or termination of this Agreement: 14, 15, 16, 17, 19.2, 19.3, 19.4, 20, 25, 27, 28, 29 and 30.
19.4. No payment, partial payment, acceptance, or partial acceptance by CITY will operate as a waiver on the part of CITY of any of its rights under this Agreement, unless made in accordance with Section 17 (Waivers).
DocuSign Envelope ID: 13C137BC-9E36-4011-A965-D62E2DB08DF7 Item 9
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SECTION 20. NOTICES.
All notices hereunder will be given in writing and mailed, postage prepaid, by certified mail, addressed as follows:
To CITY: Office of the City Clerk
City of Palo Alto
Post Office Box 10250
Palo Alto, CA 94303
With a copy to the Purchasing Manager
To CONSULTANT: Attention of the Project Manager at the address of CONSULTANT recited on the first page of this Agreement.
CONSULTANT shall provide written notice to CITY of any change of address.
SECTION 21. CONFLICT OF INTEREST.
21.1. In executing this Agreement, CONSULTANT covenants that it presently has no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the Services.
21.2. CONSULTANT furt her covenants that, in the performance of this Agreement, it will not employ subcontractors or other persons or parties having such an interest.
CONSULTANT certifies that no person who has or will have any financial interest under this Agreement is an off icer or employee of CITY; this provision will be interpreted in accordance with the applicable provisions of the Palo Alto Municipal Code and the Government Code of the State of California, as amended from time to time . CONSULTANT agrees to notify CITY if any conflict arises.
21.3. If the CONSULTANT meets the definition of a “Consultant” as defined by the Regulations of the Fair Political Practices Commission, CONSULTANT will file the appropriate financial disclosure documents required by the Palo Alto Mu nicipal Code and the Political Reform Act of 1974, as amended from time to time.
SECTION 22. NONDISCRIMINATION; COMPLIANCE WITH ADA.
22.1. As set forth in Palo Alto Municipal Code Section 2.30.510, as amended from time to time, CONSULTANT certifies that in the performance of this Agreement, it shall not discriminate in the employment of any person due to that person’s race, skin color, gender, gender identity, age, religion, disability, national origin, ancestry, sexual orientation, pregnancy, genetic information or condition, housing status, marital status, familial status, weight or height of such person. CONSULTANT acknowledges that it has read and understands the provisions of Section
2.30.510 of the Palo Alto Municipal Code relating to Nondiscrimination Requirements and the penalties for violation thereof, and agrees to meet all requirements of Section 2.30.510 pertaining to nondiscrimination in employment.
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22.2. CONSULTANT understands and agrees that pursuant to the Americans Disabilities Act (“ADA”), programs, services and other activities provided by a public entity to the public, whether directly or through a contractor or subcontractor, are required to be accessible to the disabled public. CONSULTANT will provide the Services specified in this Agreement in a manner that complies with the ADA and any other applicable federal, state and local disability rights laws and regulations, as amended from time to time. CONSULTANT will not discriminate against persons with disabilities in the provision of services, benefits or activities provided under this Agreement.
SECTION 23. ENVIRONMENTALLY PREFERRED PURCHASING AND ZERO WASTE REQUIREMENTS. CONSULTANT shall comply with the CITY’s Environmentally Preferred Purchasing policies which are available at CITY’s Purchasing Department , hereby incorporated by reference and as amended from time to time. CONSULTANT shall comply with waste reduction, reuse, recycling and disposal requirements of CITY’s Zero Waste Program. Zero Waste best practices include , first, minimizing and reducing waste; second, reusing waste ; and, third, recycling or composting was te. In particular, C ONSULTANT shall comply with the following Zero Waste requirements:
(a) All printed materials provided by CONSULTANT to C ITY generated from a personal computer and printer including but not limited to, proposals, quotes, invoices, reports, and public education materials, shall be double-sided and printed on a minimum of 30% or greater post-consumer content paper, unless otherwi se approved by CITY’s Project Manager. Any submitted materials printed by a professional printing company shall be a minimum of 30% or greater post-consumer material and printed with vegetable-based inks. (b) Goods purchased by C ONSULTANT on behalf of CITY shall be purchased in accordance with CITY’s Environmental Purchasing Policy including but not limited to Extended Producer Responsibility requirements for products and packaging. A copy of this policy is on file at the Purchasing Department’s office.
(c) Reusable/returnable pallets shall be taken back by CONSULTANT, at no additional cost to CITY, for reuse or recycling. CONSULTANT shall provide documentation from the facility accepting the pallets to verify that pallets are not being disposed.
SECTION 24. COMPLIANCE WITH PALO ALTO MINIMUM WAGE ORDINANCE .
CONSULTANT shall comply with all requirements of the Palo Alto Municipal Code Chapter 4.62 (Citywide Minimum Wage), as amended from time to time. In particular, for any employee otherwise entitled to the State minimum wage, who performs at least two (2) hours of work in a calendar week within the geographic boundaries of the City, CONSULTANT shall pay such employees no less than the minimum wage set forth in Palo Alto Municipal Code Section 4.62.030 for each hour worked within the geographic boundaries of the City of Palo Alto. In addition, CONSULTANT shall post notices regarding the Palo Alto Minimum Wage Ordinance in accordance with Palo Alto Municipal Code Section 4.62.060.
SECTION 25. NON-APPROPRIATION. This Agreement is subject to the fiscal provisions of the Charter of the City of Palo Alto and the Palo Alto Municipal Code , as amended from time to time. This Agreement will terminate without any penalty (a) at the end of any fiscal yea r in the event that funds are not appropriated for the following fiscal year, or (b) at any time within a fiscal year in the event that funds are only appropriated for a portion of the fiscal year and funds for this Agreement are no longer available. This Section shall take precedence in the event of a conflict DocuSign Envelope ID: 13C137BC-9E36-4011-A965-D62E2DB08DF7 Item 9
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with any other covenant, term, condition, or provision of this Agreement.
SECTION 2 6. PREVAILING WAGES AND DIR REGISTRATION FOR PUBLIC WORKS CONTRACTS.
26.1. This Project is not subject to prevailing wages and related requirements .
CONSULTANT is not required to pay prevailing wages and meet related requirements under the California Labor Code and California Code of Regulations in the performance and implementation of the Project if the contract:
(1) is not a public works contract;
(2) is for a public works construction project of $25,000 or less, per California Labor Code Sections 1782(d)(1), 1725.5(f) and 1773.3(j); or (3) is for a public works alteration, demolition, repair, or maintenance project of $15,000 or less, per California Labor Code Sections 1782(d)(1), 1725.5(f) and 1773.3(j).
SECTION 27. CLAIMS PROCEDURE FOR “9204 PUBLIC WORKS PROJECTS”. For purposes of this Section 27, a “9204 Public Works Project” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind. (Cal. Pub. Cont. Code § 9204.) Per California Public Contract Code Section 9204, for Public Works Projects , certain claims procedures shall apply , as set forth in Exhibit F, entitled “Claims for Public Contract Code Section 9204 Public Works Projects”.
This Project is not a 9204 Public Works Project.
SECTION 28. CONFIDENTIAL INFORMATION.
28.1. In the performance of this Agreement, CONSULTANT may have access to CITY’s Confidential Information (defined below). CONSULTANT will hold Confidential Information in strict confidence, not disclose it to any third party, and will use it only for the performance of its obligations to CITY under this Agreement and for no other purpose.
CONSULTANT will maintain reasonable and appropriate administrative, technical and physical safeguards to ensure the security, confidentiality and integrity of the Confidential Information.
Notwithstanding the foregoing, CONSULTANT may disclose Confidential Information to its employees, agents and subcontractors, if any, to the extent they have a need to know in order to perform CONSULTANT’s obligations to CITY under this Agreeme nt and for no other purpose, provided that the CONSULTANT informs them of, and requires them to follow, the confidentiality and security obligations of this Agreement.
28.2. “Confidential Information” means all data, information (including without limitation “Personal Information” about a California resident as defined in Civil Code Section 1798 et seq., as amended from time to time) and materials, in any form or media, tangible or intangible, provided or otherwise made available to CONSULTANT by CITY, d irectly or indirectly, pursuant to this Agreement. Confidential Information excludes information that CONSULTANT can show by appropriate documentation: (i) was publicly known at the time it was provided or has subsequently become publicly known other than by a breach of this Agreement; (ii) was rightfully in CONSULTANT’s possession free of any obligation of DocuSign Envelope ID: 13C137BC-9E36-4011-A965-D62E2DB08DF7 Item 9
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confidence prior to receipt of Confidential Information; (iii) is rightfully obtained by CONSULTANT from a third party without breach of any confidentia lity obligation; (iv) is independently developed by employees of CONSULTANT without any use of or access to the Confidential Information; or (v) CONSULTANT has written consent to disclose signed by an authorized representative of CITY.
28.3. Notwithstanding the foregoing, CONSULTANT may disclose Confidential Information to the extent required by order of a court of competent jurisdiction or governmental body, provided that CONSULTANT will notify CITY in writing of such order immediately upon receipt and prior to any such disclosure (unless CONSULTANT is prohibited by law from doing so), to give CITY an opportunity to oppose or otherwise respond to such order.
28.4. CONSULTANT will notify City promptly upon learning of any breach in the security of its systems or unauthorized disclosure of, or access to, Confidential Information in its possession or control, and if such Confidential Information consists of Personal Information, CONSULTANT will provide information to CITY sufficient to meet the notice requ irements of Civil Code Section 1798 et seq., as applicable, as amended from time to time.
28.5. Prior to or upon termination or expiration of this Agreement, CONSULTANT will honor any request from the CITY to return or securely destroy all copies of Confidential Information. All Confidential Information is and will remain the property of the CITY and nothing contained in this Agreement grants or confers any rights to such Confidential Information on CONSULTANT.
28.6. If selected in Section 30 (Exhibits), this Agreement is also subject to the terms and conditions of the Information Privacy Policy and Cybersecurity Terms and Conditions.
SECTION 29. MISCELLANEOUS PROVISIONS.
29.1. This Agreement will be governed by California law, without regard to its conflict of law provisions.
29.2. In the event that an action is brought, the parties agree that trial of such action will be vested exclusively in the state courts of California in the County of Santa Clara, State of California.
29.3. The prevailing party in any action brought to enforce the provisions of this Agreement may recover its reasonable costs and attorneys’ fees expended in connection with that action. The prevailing party shall be entitled to recover an amount equal to the fair market value of legal services provided by attorneys employed by it as well as any attorneys’ fees paid to third parties.
29.4. This Agreement, including all exhibits, constitutes the entire and integrated agreement between the parties with respect to the subject matter of this Agreement, and supersedes all prior agreements, negotiations, representations, statements and undertakings, either oral or written. This Agreement may be amended only by a written instrument, which is signed by the authorized representatives of the parties and approved as required under Palo Alto Municipal Code, as amended from time to time.
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29.5. If a court of competent jurisdiction finds or rules that any provision of this Agreement is void or unenforceable, the unaffected provisions of this Agreement will remain in full force and effect.
29.6. In the event of a conflict between the terms of this Agreement and the exhibits hereto (per Section 30) or CONSULTANT’s proposal (if any), the Agreement shall control. In the event of a conflict between the exhibits hereto and CONSULTANT’s proposal (if any), the exhibits shall control.
29.7. The provisions of all checked boxes in this Agreement shall apply to this Agreement; the provisions of any unchecked boxes shall not apply to this Agreement.
29.8. All section headings contained in this Agreement are for convenience and reference only and are not intended to define or limit the scope of any provision of this Agreement.
29.9. This Agreement may be signed in multiple counterparts, which, when executed by the authorized representatives of the parties, shall together constitute a single binding agreement.
29.10 SUBCONSULTANT shall not be responsible for delays caused by factors beyond its reasonable control, including but not limited to delays because of strikes, lockouts, work slowdowns or stoppages, government ordered industry shutdo wns, power or server outages, acts of nature, widespread infectious disease outbreak (including, but not limited to epidemics and pandemics), failure of any governmental or other regulatory authority to act in a timely manner, failure of CONSULTANT or the CITY to furnish timely information or approve or disapprove of SUBCONSULTANT’s services or work product, or delays caused by the faulty performance of CONSULTANT or the CITY or by SUBCONSULTANT of any level. When such delays beyond SUBCONSULTANT’s reasonable control occur, CITY agrees that SUBCONSULTANT shall not be responsible for damages, nor shall SUBCONSULTANT be deemed in default of this Agreement.
SECTION 30. EXHIBITS. Each of the following exhibits, if the check box for such exhibit is selected below, is hereby attached and incorporated into this Agreement by reference as though fully set forth herein:
EXHIBIT A: SCOPE OF SERVICES
EXHIBIT A-1 PROFESSIONAL SERVICES TASK ORDER
EXHIBIT B: SCHEDULE OF PERFORMANCE
EXHIBIT C: COMPENSATION
EXHIBIT C-1: SCHEDULE OF RATES
EXHIBIT D: INSURANCE REQUIREMENTS
THIS AGREEMENT IS NOT COMPLETE UNLESS ALL SELECTED EXHIBITS ARE ATTACHED.
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CONTRACT No. SXXXXXX SIGNATURE PAGE
IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives executed this Agreement as of the date first above written.
CITY OF PALO ALTO
____________________________
City Manager
APPROVED AS TO FORM:
__________________________
City Attorney or designee
CONSULTANT
WALLACE ROBERTS & TODD, LLC
Officer 1
By:
Name: James K. Stickley
Title: Vice President
[email protected]
Officer 2
By:
Name: Joseph W. Healy
Title: Chairman and President
[email protected]
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EXHIBIT A
SCOPE OF SERVICES
CONSULTANT shall provide the Services detailed in this Exhibit A, entitled “SCOPE OF SERVICES”.
TASK 1 – PROJECT MANAGEMENT AND COORDINATION
This task outlines the primary project management and coordination tasks necessary for the Downtown Housing Plan. CONSULTANT will be the main point of contact and provide project management and day-to-day coordination throughout the Downtown Housing Plan preparation process.
Task 1.1 – CITY Inter-Departmental Coordination including a weekly check-in meeting.
CONSULTANT will facilitate a kick-off meeting with CITY staff and CONSULTANT team to finalize work scope and project schedule. The kick-off meeting will include a discussion of project goals, key challenges, data needs, and project protocols. The kick-off meeting will include a walk audit of the project area with CITY staff and the CONSULTANT team to conduct a visual survey and photo documentation of the site and to understand assets, issues, and challenges of the project area.
CONSULTANT will work with the CITY’s project manager to schedule weekly check-in meetings with CITY staff and key personnel for on-going coordination and provide regular project updates review project status, milestones and project needs and concerns. The weekly check-in meetings will be scheduled to be one hour long.
CONSULTANT will work closely with relevant CITY departments such as Planning, Economic Development, Transportation, and Public Works to ensure that issues are well understood, and recommendations are vetted before presenting to the Technical Advisory Committee, Community Working Group, or the public.
Task 1.1 Deliverable:
• Prepare memos for CITY Inter-Departmental Coordination, as necessary. • Scheduling and facilitation of virtual weekly check-in meetings (assuming a 30-month schedule)
• Agendas for weekly check-in meetings.
• Have key personnel attend weekly check-in meetings.
• Kick-off meeting facilitation, meeting materials, and meeting notes.
Task 1.2 – Communications, Website, and Media Coordination (social media, etc.)
In accordance with CITY procedures, the project will use the CITY’s website. CONSULTANT will coordinate with the CITY’s Office of Communications to establish communications protocol for the project, finalize project branding at the onset, review messaging and public information about the project before rolling out to the public, and working on a communications plan for outreach and publicity of community engagement activities through the CITY’s media DocuSign Envelope ID: 13C137BC-9E36-4011-A965-D62E2DB08DF7 Item 9
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channels.
Task 1.2 Deliverable:
• Coordination with CITY’s Office of Communications.
• Prepare memos and materials for Communications.
• Project Communication Plan
• Media Coordination with City Manager’s Office for social media tools.
Task 1.3 – Project Set-up and Administration
CONSULTANT will set-up project protocols regarding communication, file sharing, invoicing, etc. to share with the CONSULTANT team and CITY staff. CONSULTANT will develop a list of requested project data to be provided by CITY Staff, including relevant plans, reports, and GIS data. CONSULTANT will create and maintain a shared project drive (Microsoft SharePoint) for use throughout the duration of the planning process, where team members may easily upload data and share information. CONSULTANT will set up base maps, document templates and a repository of relevant background information for team use. CONSULTANT will provide monthly invoices following templates and protocols provided by staff.
Task 1.3 Deliverable:
• SUBCONSULTANT coordination and management of deliverables, invoicing, and project administration.
• Project protocols, and file-sharing platform.
TASK 2 – COMMUNITY OUTREACH AND ENGAGEMENT
This task outlines the primary community outreach and engagement for the Downtown Housing Plan. These activities will be active throughout the Downtown Housing Plan preparation process.
CONSULTANT understands the importance of engaging stakeholders and the community early in the process and maintaining on-going transparent communication to provide project updates and gather feedback. CONSULTANT is committed to meaningful equitable engagement and bring expertise with a wide array of methods, both digital and in-person. CONSULTANT will partner with SUBCONSULTANT Consensus Building Institute (CBI) which brings extensive experience in facilitating complex conversations around land use policy, and outreach techniques to ensure representation of diverse interest groups and stakeholders. While CONSULTANT will remain the overall lead of the Outreach and Engagement task, SUBCONSULTANT CBI will lead the charge of stakeholder assessment, facilitating Community Working Group meetings, and will provide strategic facilitation at other meetings and engagement activities.
Task 2.1 – Community Outreach and Engagement Strategy Development
This task encompasses CITY staff and CONSULTANT preparation of the Downtown Housing Plan community outreach and engagement strategy. Throughout the Downtown Housing Plan process, it is central to gather meaningful input from a full range of stakeholders within and nearby to the planning area, including residents of all incomes, races and ethnic backgrounds, employees of local businesses, community- and faith-based organizations, and public agencies providing services in the area. This task will include laying out the specific engagement DocuSign Envelope ID: 13C137BC-9E36-4011-A965-D62E2DB08DF7 Item 9
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meetings, outreach channels, and methods listed in tasks 2.2 through 2.5. Equity assessment information from the Housing Element process will inform the Community Outreach and Engagement Strategy.
CONSULTANT and SUBCONSULTANT CBI will collaborate with CITY staff to prepare a Community Outreach and Engagement Strategy. The outreach and engagement strategy will describe the goals, objectives, and approach to community outreach and engagement. It will further describe the methods and approach to convening the Community Working Group (Task
2.2), its composition and purpose. The strategy will describe the purpose, goals, and topics for target outreach to hard-to-reach groups, community workshops and charrettes. It will further define the communication tools and media strategy, including on-line, digital engagement.
Finally, it will outline a schedule of community engagement activities. The final outreach and engagement strategy will be informed by assessment findings and recommendations as described in Task 2.4. and will ensure that it meets the needs of tasks 3.2.1 through 3.2.4.
Task 2.1 Deliverable:
• Prepare Draft and Final Outreach and Engagement Strategy
Task 2.2 - Community Working Group Meetings (up to six meetings)
This task encompasses convening of a Community Working Group that will shape the Downtown Housing Plan and review draft plan materials at key milestones in the process. CITY staff plans to hold three (3) to six (6) Working Group meetings during the planning process.
CITY staff anticipate the CITY will solicit applications and the City Council will select a group that is representative of residents, housing developers, local businesses, community-based organizations, service providers, and other stakeholders. The Community Working Group will review and provide feedback on milestone draft plan materials. These meetings are anticipated to be 2 to 3 hours in length.
The stakeholder assessment is an important vehicle to conducting outreach to diverse stakeholders and to engage them in the project. SUBCONSULTANT CBI will lead this task and will work with City staff to prepare an initial list of stakeholders to reach. Through interviews and survey distribution, stakeholders will learn about the opportunity to submit an application for participation in the Community Working Group. To support diverse participation of representative stakeholders, the CONSULTANT and SUBCONSULTANT CBI team will work with the Technical Advisory Group to remove any barriers to participation, including considerations of the location, timing, and potential need for stipends for participation, particularly for key stakeholders that have historically been underrepresented in planning efforts.
Upon receipt of applications and selection of committee members, the planning team will work closely with the Technical Advisory Group to craft an invitation letter to selected working group members. Initial meeting with the Community Working Group will focus on:
• Clarifying purpose and charge of the Community Working Group • Confirming working group guidelines
• Reviewing draft project schedule
• Reviewing and providing feedback on outreach and engagement strategy
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Overall, the role of the Community Working Group is to review and provide input on draft plan materials and to ultimately shape the Downtown Housing Plan throughout the process.
Task 2.2 Deliverables:
• Meeting agendas, memos, and associated materials relevant to the meeting, • Presentations, meeting summary briefs
• Facilitation of up to six Community Working Group Meetings (2 to 3 hours each meeting)
Task 2.3 - Technical Advisory Group Meetings (up to 6 meetings)
This task encompasses convening of a technical advisory group that will shape the Downtown Housing Plan. The Technical Advisory Group will provide detailed technical input throughout the Downtown Housing Plan process and help ensure alignment between this plan and other local and regional planning efforts. The composition would include staff from key CITY departments, the ABAG/MTC grant manager, as well as representatives of local, county, and regional agencies, and service providers. The Technical Advisory Group will review and provide feedback on key milestone draft plan materials. These meetings are anticipated to be 2-3 hours in length.
The CONSULTANT team will work with the Technical Advisory Group, formed by CITY staff, at key milestones during the project to gather input and inform the Downtown Housing Plan.
Since the Technical Advisory Group and the Community Working Group, both will be engaged at the same project milestones for review and feedback on materials, there can be efficiencies in conducting some joint sessions. This will be particularly effective as we envision conducting expert-led discussions on specific topics to build a common understanding of the issues, key concepts, and best practices. We will conduct up to 4 topical discussions which may include any of the following topics.
• State Housing Laws, Housing Affordability and Equity
• Scale of Infill and Community Character
• Parking & Mobility
• Downtown Vibrancy and Future of Downtowns Post Pandemic • Climate Adaptation
The topics will be finalized in collaboration with City staff, the Technical Advisory Group and the Community Working Group. CONSULTANT will invite regional and national experts to speak on pertinent topics. CONSULTANT or City staff organize the discussions as webinars, which will be uploaded on the project website as an informational resource for the broader community.
Task 2.3 Deliverables:
• Meeting agendas, memos, and associated materials relevant to the meeting, presentation materials, meeting summary notes.
• Attend and facilitate up to six Technical Advisory Group Meetings (2 to 3 hours each meeting)
• Up to 4 webinars – organization, facilitation, and recording.
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Task 2.4 – Stakeholder Interviews and Stakeholder Surveys
Direct outreach through stakeholder interviews and stakeholder surveys to receive information for and feedback on the deliverables from Task 3.2 Key Community Assessment and Policy Development Focus Areas.
SUBCONSULTANT CBI and CONSULTANT will partner to conduct a stakeholder assessment by interviewing a representative set of stakeholders to identify key issues and common themes to inform the planning process and the composition of the Community Working Group. This task includes the following steps to prepare for, conduct, and document the outcomes of stakeholder interviews:
• The CONSULTANT team will work with the Technical Advisory Group to develop and hone a list of representative stakeholders that address the range of interests related to the project. It will be important to identify stakeholders within the community and those who represent the commuter workforce.
• Stakeholder questionnaire and survey: SUBCONSULTANT CBI will prepare a standard interview questionnaire and survey to ensure continuity in the topics discussed and the ability to qualitatively analyze responses. SUBCONSULTANT CBI will provide a draft interview questionnaire and survey to CONSULTANT and staff, and prepare a final document based on refinements.
• Gather background information: In preparation for interviews, SUBCONSULTANT CBI will gather and review background materials that pertain directly to the project and the specific interests of key stakeholders.
• Conduct interviews with key stakeholders (up to 20 interviews): SUBCONSULTANT CBI will collaborate with CONSULTANT, other team members, and staff to develop an interview invitation letter introducing prospective participants to the project and the planning team and describing the purpose of the interviews. SUBCONSULTANT CBI will schedule and conduct interviews. Interviews will take place via Zoom or in person with individuals or small groups, as deemed appropriate and cost effective. • Distribute survey to broader community: SUBCONSULTANT CBI will adapt the interview questionnaire into an on-line survey and distribute to interested parties and the broader community using communications methods identified in consultation with staff, CWG and TAG.
• Synthesis of interview and survey data: Following completion of the interviews and survey, SUBCONSULTANT CBI will prepare a draft synthesis brief with an accompanying PowerPoint Presentation that will be vetted with the TAG and presented to the Community Working Group. The report will distill key issues and concerns, goals, and objectives for the project as well as recommendations for how to proceed with the process.
Task 2.4 Deliverable:
• Interview questionnaire
• Scheduling and conducting stakeholder interviews.
• Develop and conduct surveys.
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• Analysis and Synthesis of Interview and Survey Data into a draft and final assessment brief and PowerPoint Presentation.
Task 2.5 - Community Workshops, Design Charettes, and Digital Engagement (at least 3 meetings)
This task includes direct outreach through both in-person and virtual workshops, charettes, and other meetings to receive information for and feedback on the deliverables from Task 3.2 Key Community Assessment and Policy Development Focus Areas. Key topics will include housing, mobility, advancing racial and economic equity, design preferences, and other topics.
CONSULTANT will design an engagement format that includes a combination of in-person workshops and virtual engagement activities to ensure greater participation across the community. We envision the following sequence of workshops at key milestones in the project:
• Engagement Event #1: Issues, Assets, Opportunities and Constraints (in-person workshop)
This workshop will be an opportunity to inform the community about the project scope, share existing conditions analysis and gather feedback on what is currently working downtown, what is not working, what and where are the opportunities to improve, and what are the barriers to improvement. Feedback from this workshop will bring to light key issues to be addressed in the process. CONSULTANT will lead and facilitate the workshop.
• Engagement Event #2: Visioning and Concepts Exploration - Project Headquarters at Downtown Storefront
CONSULTANT will set up a project headquarters at a vacant storefront, downtown from morning till evening. There will be programmed activities throughout the day.
AM Activities: We will conduct a walk audit of the project area, followed by a Community Visioning Session in break-out groups with a facilitator. The discussion will focus on community preferences, priorities, vision, and guiding principles for the project.
PM Activities: CONSULTANT will lead a hands-on interactive working session with community members in small break-out groups to explore concepts for topics such as (but not limited to) infill housing, typology and scale, connectivity and mobility, programming, public realm design, development etc. Each group will work with a scaled map and scaled pieces representing different uses and programming. The objective of this exercise is to explore ideas for realizing the vision while navigating trade-offs needed to achieve it. Each group will report back key guiding principles, vision ideas and highlights of their concepts.
• Engagement Event #3: Preferred Concept Selection (in-person presentation)
CONSULTANT will lead a community meeting to gather input on the Concept Alternatives and arrive at a preferred alternative to include in the Downtown Housing Plan.
Task 2.5 Deliverables:
• Workshop agenda, Memos and/or Presentation Materials, workshop summary notes.
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• Attendance and facilitation of community workshops.
• Coordination with CITY’s project manager on workshop logistics, outreach, and publicity.
CITY’s Project Manager will secure a venue for the workshops, lead the outreach and publicity for the events through CITY’s official public communications channels such as newsletter, mailing lists, social media, newspapers, etc., and coordinate logistics for childcare and refreshments.
Task 2.6 – Downtown Housing Plan Website or Webpage
CITY will host and maintain a website for the Downtown Housing Plan process to inform the public and stakeholders on progress, centralize project records, upcoming activities, and to host online engagement activities. CONSULTANT will coordinate with CITY staff on the maintenance of the website, by providing most up-to-date project materials to be uploaded to the website. The materials will include background information on the project, a schedule with key milestones and a calendar with details about upcoming events; presentation/meeting materials, summaries, and recordings; a description of ways for people to get involved; and contacts for more information. The website or webpage will support Task 2, Task 3, and Task 4.
To facilitate information sharing and foster transparency with the entire community, CONSULTANT recommends setting up a project website at the outset of the planning process as it will serve as an easy-to-use information hub.
Task 2.6 Deliverables:
• Create initial content for project Webpage with Ongoing Updates • Coordinate with CITY staff on uploading project materials to the website. • Provide up-to-date project materials and content to be hosted on the website.
Task 2.7 – Best Practices and Case Studies
The CONSULTANT team will prepare up to three case studies from comparable cities to summarize lessons learnt on similar issues and how that might be applicable to Palo Alto.
Task 2.8 – Pop-up Events (up to 3)
The CONSULTANT team will host pop-up engagement booths at farmers market, public library, or other CITY-wide events to provide project information to the broader community.
Task 2.9 – Project branding, Outreach and Publicity Materials
The CONSULTANT team understands that developing an eye-catching logo and project branding such as colors and typestyles go a long way in generating interest in the planning process and create a visual cue for the community to associate flyers, meeting announcements, yard signs, postcards, social media with the planning process. The CONSULTANT team will create a branding concept for staff and the CITY’s Communications team to review and approve.
We will also provide content in the form of text and graphics for outreach and publicity on the CITY’s social media channels, newsletters, and press release as relevant.
Task 2.10 – Online Surveys
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The CONSULTANT team will prepare and launch a series of online surveys on key topics, to gather input between major engagement events. The surveys will be available through the project website and publicized via the CITY’s media channels to gather broad input.
Task 2.11 – Developer Round Table
CONSULTANT proposes to conduct a Developer Round Table for the Technical Advisory Group and Community Working Group and invite developers who have experience delivering market-rate and affordable housing in the region for a discussion on topics such as housing production, development economics, and development standards and their impact on financial feasibility of projects.
TASK 3 – COMMUNITY ASSESSMENT AND POLICY DEVELOPMENT
This task focuses on identifying and analyzing challenges and opportunities to increase housing development downtown. This task includes reports/memos and presentations to the Community Working Group and Technical Advisory Group as deemed necessary, including the CITY Council during study sessions. Reports may be grouped together.
Task 3.1 – Key Community Assessment and Policy Development Focus Areas
This task outlines the primary analysis and reports necessary for identifying and analyzing the Downtown Housing Plan area central opportunities and challenges, as well as for meeting the MTC’s Priority Development Area Grant analysis requirements. These analyses will inform and become part of the chapters contained within the Downtown Housing Plan.
Task 3.1.1 – Equity Analysis, Assessment, and Policy Recommendations
This task will identify any existing inequities between people of different racial or ethnic backgrounds, genders, age groups, abilities, or sexual orientation, as well as the historic and recent factors and policies that contribute to these inequities. This task will utilize this information to develop policies to address existing inequities, as well as to inform the meetings and outreach efforts discussed in Task 2 and inform the deliverable for Task 3.2.2. This task integrates and builds upon the findings from the Housing Element update process and informs understanding of community needs around equity in the Downtown Housing Plan area. That information will include area specific information on demographics, economic opportunity and stability, housing stability, health and risk factors of residents and employees of businesses in the Downtown Housing Plan area and surrounding community.
Understanding inequities and policy solutions to address those inequities in the Palo Alto Downtown Housing Plan:
i. Requires an analytical approach that applies both data and lived experiences, ii. Examines a broader geography that captures those who are not residing in the Downtown area as a result of legacies of displacement and discrimination, and iii. Situates today’s conditions and trends within the historic and current policy context that drove these patterns.
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Based on this approach, SUBCONSULTANT Strategic Economics, who will lead this task will analyze and develop equity policy recommendations through the following steps:
• Data analysis: The data analysis phase will measure trends in and existing inequities between people of different racial and ethnic backgrounds, genders, age groups, abilities, and sexual orientations. The data analysis task will first establish a set of geographies for which equity indicators data will be collected, including, at minimum, the Downtown Housing Plan area, the CITY, and—since housing discrimination has resulted in segregation at the inter-CITY level—an area encompassing nearby communities. SUBCONSULTANT Strategic Economics will also map selected equity indicators to examine the spatial pattern of inequities and determine the role Downtown Palo Alto can play in addressing specific inequities. Based on these geographies, equity indicators data will be collected and analyzed, including indicators for economic conditions, jobs and workforce, education, health, housing, and public safety. The indicators analysis will incorporate a variety of public data sources such as the U.S. Census, local school districts, Santa Clara County and San Mateo County public health departments, and state and local sources. The analysis will also incorporate recent local CITY analyses—such as the Housing Element update analyses—and outside analyses, such as the UC Berkeley Urban Displacement Project’s displacement risk modeling that measures the involuntary displacement outcomes that result from economic exclusion.
• Historical and policy context: In order to connect the findings of the data analysis with their causes, SUBCONSULTANT Strategic Economics will research the historical context and policy context driving patterns of inequity in Palo Alto today. This research will include review of available local historical research that centers marginalized communities, as well as review of historic mechanisms that may have driven local displacement and segregation.
Examples include redlining, exclusionary zoning, and use of eminent domain.
SUBCONSULTANT Strategic Economics will review recent equity-related analyses and policy efforts such as the CITY’s ongoing Race and Equity efforts through the Policy and Services Committee. SUBCONSULTANT Strategic Economics will also review the CITY’s Housing Element analyses and major policies, regulations, and initiatives especially relevant to the Downtown Housing Plan, such as those related to land use, transportation, housing, health, community services, and economic and workforce development.
• Community engagement: Identifying and resolving inequities requires deep engagement with the lived experience of members of impacted communities. SUBCONSULTANT Strategic Economics will work with the CONSULTANT team to ensure that the community outreach and engagement strategy incorporates an approach and tools to gather input from a diverse range of stakeholders. Possible examples include outreach through community organizations, incorporation of an equity-focused community workshop, ensuring diverse representation on the Community Working Group, use of translation services, and stakeholder outreach to community organizations. Per the scope of Task 2, SUBCONSULTANT Strategic Economics will lead outreach and engagement activities related to advancing equity, including presentation of findings and initial policy recommendations in order to refine these recommendations.
• Policy recommendations: Based on the data analysis, assessment of the historical and policy context, and input received from community stakeholders, SUBCONSULTANT Strategic DocuSign Envelope ID: 13C137BC-9E36-4011-A965-D62E2DB08DF7 Item 9
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Economics will develop policy and program recommendations for the Downtown Housing Plan that will advance equity by race/ethnicity, gender, age group, ability, and sexual orientation. Strategic Economics will author a report describing findings and conclusions of the analysis, research, and community engagement, and will present policy recommendations for vetting and refinement ahead of potential inclusion in the Downtown Housing Plan itself.
Task 3.1.1 Deliverable:
• Prepare Equity Analysis, Assessment, and Policy Recommendation Report or Memo (admin and final drafts)
• Attend City Council Study Session
Task 3.2.1 – Responsiveness to State, Regional, and Local Legal and Regulatory Landscape for Housing Production, Preservation, and Protection Policy Recommendations
This task involves investigating and summarizing state, regional, and the local policies used by other jurisdictions that influence the regulatory landscape for housing production, preservation, and protection.
The CITY’s existing housing-related policies, regulations, and tools operate within a complex and ever-evolving regulatory landscape that influences local opportunities to produce market rate and affordable housing, preserve existing affordable housing units, and protect residents from displacement from their housing units and communities. Based on a review of existing plans and studies, as well as input from CITY staff and the Technical Advisory Group, SUBCONSULTANT Strategic Economics will summarize existing CITY programs, policies, and funding for housing production, affordable housing preservation, and resident displacement protection. SUBCONSULTANT Strategic Economics will also research state, regional, and local policies in jurisdictions surrounding Palo Alto to identify additional housing policy tools and funding mechanisms. Drawing on its own experience, as well as a review recently completed studies on the topic of affordable housing in the Bay Area, SUBCONSULTANT Strategic Economics will prepare a matrix of “best practices” for the development and preservation of affordable and market rate housing units within the Downtown Housing Plan area. The best practices matrix will be focused on tools and programs that can be implemented to address affordable housing in the area.
Task 3.2.1 Deliverable:
• Prepare State, Regional, and Local Legal and Regulatory Landscape Analysis, Assessment, and Policy Recommendation Report or Memo
• Attend City Council Study Session
Task 3.2.2 – Affordable Housing and Jobs Analysis, Assessment and Policy Recommendations
This task identifies the composition of jobs in the Downtown Housing Plan area and evaluates the affordability of housing compared to the wages of employees in these jobs. This task quantifies housing need, establishes the housing profile for the area, (deed-restricted affordable housing, unsubsidized affordable housing, market-rate housing, informal housing, and accessibility, etc.), establishes the employment/industry profile for the area, identifies the DocuSign Envelope ID: 13C137BC-9E36-4011-A965-D62E2DB08DF7 Item 9
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development pipeline, assesses real estate conditions and constraints, and assesses local policy conditions and constraints. This task will discuss obstacles to delivery of housing for all income levels and responsive policies. This task will be closely coordinated with the Housing Element update process that is already underway.
This task integrates and builds upon the findings from Task 3.2.2 3.2.1, as well as the Housing Element update process. This task informs understanding of community needs regarding housing and employment, including how to affirmatively further fair housing in the Downtown Housing Plan area. This task draws upon the information from Task 3.2.1 and identifies in greater detail the characteristics of the existing and planned housing stock in the Downtown Housing Plan area and surrounding area, as well as projected short- and long-term need.
SUBCONSULTANT Strategic Economics will prepare a detailed assessment of housing needs, residential market conditions, a profile of existing and planned housing, and current policies and regulations to identify barriers and opportunities to housing production and preservation in the Downtown Housing Plan area. This work will incorporate research and policy recommendations from the Housing Element and tasks 3.2.1, 3.2.2, and 3.2.3. Specific sub-tasks include the following:
• Housing profile: SUBCONSULTANT Strategic Economics will develop a profile describing the existing inventory of housing in the Downtown Plan area, with comparison to the CITY of Palo Alto overall. The inventory will incorporate U.S. Census data describing the composition of the existing housing stock, as well as CITY data tracking deed-restricted affordable housing. The inventory will seek to quantify “naturally occurring affordable housing” (NOAH) based on characteristics typically associated with these units.
• Real estate market conditions: SUBCONSULTANT Strategic Economics will analyze housing market conditions/trends and summarize the housing development context within the Palo Alto Downtown Housing Plan area. To supplement real estate market and development data, SUBCONSULTANT Strategic Economics will conduct interviews with for-profit and nonprofit housing developers to gain insights on the key opportunities and constraints for housing production in the area.
• Jobs, occupation, and wage analysis: SUBCONSULTANT Strategic Economics will measure the link between existing jobs in the Downtown Housing Plan Area and the CITY as a whole and will measure housing need at different income levels. First, SUBCONSULTANT Strategic Economics will create a profile of jobs by industry sector in the Downtown area and the CITY, based on California EDD data, JobsEQ data provided by the CITY via NOVAworks, or U.S. Census business patterns data. SUBCONSULTANT Strategic Economics will also develop a short- and long-term projections of job growth based on ABAG Plan Bay Area 2050 projections. Second, SUBCONSULTANT Strategic Economics will estimate the occupations and wages associated with these jobs based on the California EDD occupation and wage matrix data for Santa Clara County. Third, SUBCONSULTANT Strategic Economics will calculate the number of new households, by income level, associated with this employment growth.
• Housing needs and displacement risks: Housing needs by income level will be compared against the housing profile and market conditions to determine potential existing mismatches, DocuSign Envelope ID: 13C137BC-9E36-4011-A965-D62E2DB08DF7 Item 9
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and to gauge long-term challenges in meeting housing need and addressing displacement impacts. The analysis of displacement risks will incorporate the latest research on gentrification and displacement effects by the Urban Displacement Project at UC Berkeley and literature reviews recently completed by SUBCONSULTANT Strategic Economics to examine the relationship between office employment growth and the potential for gentrification and displacement in surrounding neighborhoods.
• Policy reviews and recommendations: SUBCONSULTANT Strategic Economics will incorporate the findings of the policy review in task 3.2.2 to develop policy recommendations for meeting the housing needs, opportunities, and challenges identified in task 3.2.3.
Task 3.2.2 Deliverable:
• Prepare Affordable Housing and Jobs Analysis, Assessment, and Policy Recommendation Report or Memo (admin and final draft);
• Attend City Council Study Session covering the content of Tasks 3.2.2 and 3.2.3.
Task 3.2.3 – Housing Development Implementation, Economic Feasibility, and Financing Analysis and Policy Recommendations
This task focuses on a housing development feasibility analysis to identify the development standards, incentives, and the associated remaining amount of subsidy necessary to yield more residential and mixed-use developments specifically in the Downtown Housing Plan area. This task integrates and builds upon the findings from Task 3.2.1, Task 3.2.2, and the Housing Element update process. This task will analyze the housing opportunity sites identified in the Housing Element Update to understand what is required for housing to be realized on these sites.
The analysis will investigate publicly owned and privately owned parcels at various levels of housing affordability. The analysis will identify funding necessary to rehabilitate existing affordable units in the area, thereby preserving and protecting them. Like efforts undertaken by MTC and ABAG, the analysis will identify the funding shortfall that limits the level of affordable housing production and rehabilitation in the Downtown Housing Plan area.
This task will include recommendations for CITY actions to help finance affordable housing, such as consideration of publicly owned parking lots or other publicly owned parcels for housing and mixed-use projects, consideration of different types of partnerships with developers, facilitation of land assembly policies, consideration of establishing a business tax to support the Housing Trust Fund, and consideration of a bond measure.
SUBCONSULTANT Strategic Economics will conduct a financial feasibility analysis to assess the potential to incentivize residential development on the opportunity sites identified in the Housing Element Update. The analysis will examine the relative performance of different residential product types and analyze factors influencing the feasibility of residential development in Downtown Palo Alto.
SUBCONSULTANT Strategic Economics will build static pro forma models that will test the financial feasibility of up to three residential prototype development projects, each representing different intensities of development on a typical exemplar opportunity site.
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SUBCONSULTANT Strategic Economics will coordinate with CONSULTANT and CITY staff to create detailed development project prototypes representing recent and likely residential development projects in Palo Alto. Based on these prototypes, SUBCONSULTANT Strategic Economics will estimate construction costs and attainable revenues. These estimates will incorporate the results of interviews with real estate professionals (developers, contractors, architects, etc.) with recent or current projects in Palo Alto and Santa Clara and San Mateo Counties. Cost estimates of CITY permits, and fees will be reviewed with Planning staff, including assumptions regarding housing impact fees, inclusionary housing in-lieu fees, and verification of specific housing requirements.
The static financial models for the three residential prototypes will be used to compare costs and capitalized project revenues to test sensitivity of the prototypes’ financial feasibility to factors influencing construction costs, attainable revenues, and required return—such as reduced parking or fees, differences in housing unit mix, or public land contributions—based on impacts on the prototypes’ supportable residual land values.
SUBCONSULTANT Strategic Economics will use the results of the analysis to provide input on potential policy direction around adjustments to requirements for residential development, and to identify the affordability gap that exists for meeting current or enhanced inclusionary housing requirements.
SUBCONSULTANT Strategic Economics will then examine the gap between overall affordable housing funding need in the Downtown Housing Plan area versus available funding resources.
Based on the policy review in task 3.2.1., SUBCONSULTANT Strategic Economics will develop an inventory of tools to address housing affordability in Palo Alto and quantify funding available from current resources.
SUBCONSULTANT Strategic Economics will adapt the financial feasibility analysis to quantify the total affordability gap to deliver required affordable housing units in the Downtown Housing Plan area. The analysis will also quantify a range of need for affordable housing preservation funding based on modeling of the number of units to be preserved and the typical unit acquisition, rehabilitation, and stabilization costs for recently completed preservation projects in and near Palo Alto.
Based on the findings of task 3.2.3, SUBCONSULTANT Strategic Economics will identify additional programs and policies to encourage new housing development at Downtown Palo Alto opportunity sites and protect existing NOAH and income-restricted affordable housing. These findings will incorporate feedback and further refinements based on feedback by the Community Working Group and Technical Advisory Group.
Task 3.2.3 Deliverable:
• Prepare Housing Development Implementation, Economic Feasibility, Financing Analysis, and Policy Recommendation Report or Memo (admin and final drafts) • Attend CITY Council Study Session
Task 3.2.4 – Resilience and Climate Adaptation Analysis, Assessment and Policy Recommendations
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This task assesses the relative vulnerability of the Downtown Housing Plan area and surrounding communities to natural hazards (examples: sea level rise and flooding, seismic factors) and to environmental quality (examples: air quality, tree canopy/green space, water quality, environmental contamination). This task identifies potential investments, policies, or programs to better adapt the community to these vulnerabilities and poise the community to respond to future conditions and events. This task integrates and builds upon the CITY’s Sustainability and Climate Action Plan and Sea Level Rise Vulnerability Assessment.
CONSULTANT and SUBCONSULTANT CSW|ST2 will consider climate vulnerabilities as they pertain to downtown and in light of CITY’s Sustainability and Climate Action Plan and Sea Level Rise Vulnerability Assessment studies.
Task 3.2.4 Deliverable:
• Prepare Resilience and Climate Adaptation Analysis, Assessment, and Policy Recommendation Report or Memo (admin and final drafts)
• Attend City Council Study Session
Task 3.2.5 – Community Assets, Services, and Infrastructure Analysis, Assessment, and Policy Recommendations
This task identifies the existing availability of essential services and social infrastructure (examples: health care, food and sundries, childcare and education, open space and recreation, community facilities, etc.), existing physical infrastructure (examples: energy, waste, water, electric vehicle charging, broadband, etc.), and existing community assets (examples: formal and informal gathering spaces, cultural institutions, etc.) in the Downtown Housing Plan area. This task will assess the stability of existing and identify currently missing community assets, services, and infrastructure, as well as identify potential investments, policies, or programs to policies to support them in the Downtown Housing Plan area. This analysis will focus on the needed assets to support an increased downtown population.
Task 3.2.5 Deliverable:
• Prepare Community Assets, Services, and Infrastructure Analysis, Assessment, and Policy Recommendation Report or Memo (admin and final drafts)
• Attend City Council Study Session
Task 3.2.6 – Mobility and Interconnectivity Analysis, Assessment, and Policy Recommendations
This task will assess trip patterns, the quality and relative safety of travel by active modes and for persons with disabilities, access to transit and essential services, and vehicle miles traveled for residents and employees of local businesses within and adjacent to the Downtown Housing Plan area. This task will identify potential investments, policies or programs to improve mobility and interconnectivity, as well as reduce Vehicle Miles Travelled (VMT).
This task integrates and builds upon Public Works Department and Office of Transportation efforts, including the University Avenue Corridor Street Design, Citywide Bicycle + Pedestrian Plan update, parking management, and VMT policy making.
DocuSign Envelope ID: 13C137BC-9E36-4011-A965-D62E2DB08DF7 Item 9
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Item 9: Staff Report
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SUBCONSULTANT W-Trans will lead this task and conduct a comprehensive assessment of existing and planned transportation facilities and programs that serve all users, focusing on elements such as multi-modal connectivity within the downtown, on- and off-street public and private parking resources including their operations and regulations (e.g. requirements and in- lieu fees) in the CITY Code, and transportation demand management (TDM) measures designed to reduce vehicle miles traveled (VMT). The existing conditions review will rely on existing data such as that collected in the 2017 Downtown Parking Management Study and the Bicycle and Pedestrian Transportation Plan Update and does not assume the collection of new data.
A strong emphasis will be placed on analyzing existing and planned parking resources in relation to potential new development and the ability to maximize “shared” parking resources while minimizing parking and traffic impacts to the surrounding neighborhoods. In addition, current TDM programs and the work of the Palo Alto Transportation Management Association (PATMA) will be evaluated, and new opportunities will be identified with particular focus on resident and employee measures that can reduce VMT that do not inadvertently create new impacts (e.g. unbundled parking pricing without proper on-street management). A cost assessment will be conducted on all measures for consideration to determine the cost-effective approach.
The resulting mobility plan will include recommended policies and programs that accomplish a range of goals including increasing the share of non-motorized travel to the downtown, effectively utilizing available parking resources, and reducing the need for costly parking infrastructure and incentivizing the implementation of TDM measures to provide both economical and sustainable mobility options to all downtown users.
Task 3.2.6 Deliverable:
• Prepare Mobility and Interconnectivity Analysis, Assessment, and Policy Recommendation Report or Memo (admin and final drafts)
• Attend City Council Study Session
Task 3.2.7 – Downtown Private Realm and Public Realm Design Guidelines, Architectural Review Findings, and Objective Standards for Housing Development Policy Recommendations
This task evaluates the CITY’s current Downtown Design Guidelines, Architectural Review Findings, and Objective Standards for Housing Development to assess which aspects could be updated to facilitate housing development in the Downtown Housing Plan area. Private realm considerations include design gestures that contribute to a strong sense of place, such as building massing, lighting, landscaping, and building interfaces with public realm such as streets, alleys, and open space. Considerations include building on previous efforts that maintained view corridors, activity focal points, and a human scale orientation throughout downtown.
Considerations also include urban design that addresses the anticipated greater diversity of building forms, densities, height, and mixed-use development for the Downtown Housing Plan area. This effort will draw on CITY-wide Objective Design Standards as well as Housing Element discussions regarding form.
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Item 9: Staff Report
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The alternatives exploration will be guided by an understanding of market demand and development feasibility of housing types and other uses. CONSULTANT will develop 2D diagrams and 3D illustrations to test site feasibility, program options and scale of development.
These materials will also serve as effective communication tools during stakeholder and community engagement events. Based on the feasibility testing and concept explorations, CONSULTANT will prepare recommendations for updates to existing standards and introduction of new standards and guidelines to achieve the desired outcomes. Public realm considerations include a Sustainable Streets focus that identifies the key remaining steps necessary to implement vision zero policies, complete street designs, versatile use of the public right of way, and green streets infrastructure designs within the Downtown Housing Plan area.
Public realm considerations also reference innovations in parking management and curb management.
CONSULTANT will prepare open space and landscape design standards and guidelines for public and private realm, addressing open space requirements for private development, planting guidelines, stormwater and wastewater management guidelines, parking, and curb management, etc. CONSULTANT will include cross-sections and precedent images to communicate best practices and guidance on open space and landscape treatment.
Task 3.2.7 Deliverable:
• Prepare Downtown Private Realm and Public Realm Design Guidelines, Architectural Review Findings, and Objective Standards for Housing Development Policy Recommendations Report or Memo
• Attend City Council Study Session
Task 3.2.8 – Downtown Visioning, Opportunities/Constraints, Identification of Community Best Practices, and Downtown Housing Plan Approach Recommendations
This task integrates all other subtasks and discusses the options for meeting the Downtown Housing Plan area central challenges based upon the information surfaced during this Community Assessment and Policy Development effort.
Task 3.2.8 Deliverable:
• Prepare Downtown Visioning, Opportunities/Constraints, Identification of Community Best Practices and Downtown Housing Plan Approach Recommendations Report or Memo • Attend City Council Study Session
Task 3.2.9 Fiscal Impact Analysis
Based on a buildout program provided by CONSULTANT, Strategic Economics will estimate the fiscal impact of development in the Downtown Housing Plan area. The analysis will estimate the fiscal impact of a potential future development scenario on the CITY’s General Fund. The fiscal study will estimate the operating revenues and expenditures associated with projected net new growth in commercial and residential land uses. SUBCONSULTANT Strategic Economics will analyze the property tax, sales tax, and other major sources of General Fund revenues associated with net new growth in land uses. Based on interviews with key CITY departments, DocuSign Envelope ID: 13C137BC-9E36-4011-A965-D62E2DB08DF7 Item 9
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SUBCONSULTANT Strategic Economics will calculate the increase in General Fund expenditures for providing services to new residents and employees. Based on the results of the fiscal assessment, SUBCONSULTANT Strategic Economics will determine whether the estimated public revenues would offset increases in the cost of public services to serve new development.
Task 3.2.9 Deliverable:
• Fiscal Impact Analysis Memo (two drafts: administrative and final)
TASK 4 –DOWNTOWN HOUSING PLAN DOCUMENTS
This overall task outlines the primary documents necessary for adoption of the Downtown Housing Plan, as well as the documents necessary to meet the MTC’s Priority Development Area Grant requirements.
Task 4.1 – Downtown Housing Plan Preparation
This task outlines the steps necessary to prepare the Downtown Housing Plan. This task may include meetings with the Community Working Group. CONSULTANT will lead this task and coordinate contributions from other team members. We will set up a project branded document template for the final Downtown Housing Plan.
Task 4.1.1 – Downtown Housing Plan Sections and Topic Outline
This task results in the outline of the Downtown Housing Plan sections and topics. As required by the MTC’s Priority Development Area Grant, the outline can be organized differently, but will include at least the following topics: introduction, vision, development standards, open space, mobility, community assets and infrastructure, and implementation and financing. This report will integrate the content and deliverables from the prior tasks. CONSULTANT will prepare an outline of the Downtown Housing Plan document for staff review and finalize it based on feedback received.
Task 4.1.1 Deliverable:
• Prepare Downtown Housing Plan Sections and Topic Outline
Task 4.1.2 - Downtown Housing Plan Administrative Draft 1
CONSULTANT will prepare a digital copy of the Administrative Draft of the Downtown Housing Plan. Draft 1 will be submitted in a Word file format for Staff comments, with accompanying graphics and images in a separate PDF format.
Task 4.1.2 Deliverable:
• Prepare Downtown Housing Plan Administrative Draft 1 (Word and Portable Document Format (PDF) versions)
Task 4.1.3 - Downtown Housing Plan Community Working Group and Technical Advisory Group Draft 1
DocuSign Envelope ID: 13C137BC-9E36-4011-A965-D62E2DB08DF7 Item 9
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Item 9: Staff Report
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CONSULTANT will provide a digital copy of the Administrative Draft 1 of the Downtown Housing Plan for review by the Community Working Group and the Technical Advisory Group.
Task 4.1.3 Deliverable:
• Prepare Downtown Housing Plan Community Working Group and Technical Advisory Group Draft 1 (Word and PDF versions)
Task 4.1.4 - Downtown Housing Plan Administrative Draft 2
Downtown Housing Plan Administrative Draft 2 will address comments received on Draft 1, from Staff, Technical Advisory Group and Community Working Group. CONSULTANT will format Draft 2 in the project branded graphic template and will submit it for a second round of Staff review in a PDF format.
Task 4.1.4 Deliverable:
• Prepare Downtown Housing Plan Administrative Draft 2 (Word and PDF versions)
Task 4.1.5 - Downtown Housing Plan Public Hearing Draft 1
CONSULTANT will address comments received on Administrative Draft 2 and prepare a PDF of Downtown Housing Plan Public Hearing Draft 1, formatted in the project branded graphic template.
Task 4.1.5 Deliverable:
• Prepare Downtown Housing Plan Public Hearing Draft 1 (Word and PDF versions)
Task 4.1.6 – Downtown Housing Plan Final
CONSULTANT will incorporate comments received on the Public Hearing Draft of the Downtown Housing Plan and prepare a PDF of the final Downtown Housing Plan document.
Task 4.1.6 Deliverable:
• Prepare Downtown Housing Plan Public Final
Task 4.2 – Downtown Housing Plan California Environmental Quality Act (CEQA) Environmental Document
This task outlines the steps necessary to prepare the CEQA Environmental Document necessary for the Downtown Housing Plan. The goal of this task is to prepare the correct CEQA document that will clear projects that are consistent with the Downtown Housing Plan, avoiding the need for project-level analyses.
Task 4.2.1 – Notice of Preparation (NOP)/Initial Study Task
SUBCONSULTANT David J Powers & Associates will prepare an Initial Study which will tier from the Comprehensive Plan Update Final EIR. The Initial Study, which will utilize the CEQA DocuSign Envelope ID: 13C137BC-9E36-4011-A965-D62E2DB08DF7 Item 9
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Guidelines Appendix G Checklist, will analyze the proposed housing Downtown Housing Plan assuming the policies and mitigation measures identified in the Comprehensive Plan Update Final EIR as part of the project. All development standards identified in the Downtown Housing Plan will also be assumed in the analysis. The intent is to provide a sufficient level of analysis to allow future projects/discretionary actions to proceed without supplemental environmental review.
Prior to the start of the Initial Study, SUBCONSULTANT David J Powers & Associates will participate in a kick-off meeting with CITY staff to confirm the assumptions of the analysis, the scope of work, and schedule. After the kick-off meeting, SUBCONSULTANT David J Powers & Associates will prepare the project description to be included in the environmental analysis and submit to CITY staff for review. The kick-off meeting and preparation of the project description would take one week to complete.
Based on a review of the Comprehensive Plan Update Final EIR, this scope assumes that the analysis will not quantify operational or construction Air Quality, Greenhouse Gas Emissions, Noise, or Vibration.
A Phase I Environmental Site Assessment of the Downtown Housing Plan Area will be required to identify the appropriate mitigation for future projects. A transportation analysis, which quantifies vehicle miles traveled (VMT), will also be required. While VMT was addressed in the Comprehensive Plan Update Final EIR, the EIR was completed and certified prior to the adoption of a quantifiable VMT threshold and the Santa Clara Valley Transportation Authority’s VMT Evaluation Tool. As such, an updated VMT analysis will be required.
Based on the findings of the Comprehensive Plan Update Final EIR, an EIR would be required if the Initial Study analysis finds a significant unavoidable impact to historic structures and/or VMT. It is unlikely that the proposed Downtown Housing Plan would result in any other resource area having a new significant impact or a greater level of impact than what was identified in the Comprehensive Plan Update Final EIR.
Assuming the VMT analysis would take 10 weeks to complete, including two weeks for a detailed scope review and approval by CITY staff, the Initial Study would be completed 13 weeks after approval of the project description.
If the analysis determines that an EIR is required (see Task 4.2.2), DJP&A will prepare a Notice of Preparation (NOP) and submit the NOP to the CITY along with the Initial Study for review. If an EIR is not required, DJP&A will submit just the Initial Study for review. Preparation of the NOP will not add time to the 13-week Initial Study schedule.
4.2.1 Deliverable:
• Prepare Notice of Preparation (NOP)/Initial Study
Task 4.2.2 - Identification of Appropriate CEQA Environmental Document
This task identifies the appropriate CEQA Environmental Document, likely an Initial Study/Negative Declaration, Initial Study/Mitigated Negative Declaration, Supplemental Environmental Impact Report, or a Programmatic Environmental Impact Report.
DocuSign Envelope ID: 13C137BC-9E36-4011-A965-D62E2DB08DF7 Item 9
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Item 9: Staff Report
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Based on the findings of the Initial Study, SUBCONSULTANT David J Powers & Associates will prepare a memo for CITY staff outlining the level of environmental review required pursuant to CEQA. The memo will be completed and submitted to the CITY within three business days of completing the Initial Study.
Task 4.2.2 Deliverable:
• Prepare CITY Internal Memo
Task 4.2.3 – Environmental Document Notices and Preparation
This task outlines the steps for completing CEQA documentation for the Downtown Housing Plan.
Task 4.2.3A – Scoping Meeting
If an EIR is required, SUBCONSULTANT David J Powers & Associates will assist CITY staff as needed in completing a scoping meeting for the EIR. SUBCONSULTANT David J Powers & Associates will prepare the public notices and any necessary reports, prepare a presentation describing the public participation process, and respond to questions as needed during the meeting.
Task 4.2.3A Deliverable:
• Prepare noticing materials;
• Facilitation of Scoping Meeting
Task 4.2.3B – Administrative Draft CEQA Environmental Document Task
If it is determined that an Initial Study is the appropriate level of environmental review, submittal of the Initial Study (as outlined in Task 4.2.1) will constitute the administrative draft CEQA document. If an EIR is required, the Initial Study will be used to focus the EIR on the new/greater resource impacts. The EIR will be prepared and submitted within three weeks of submittal of the Initial Study. If an EIR is required, the Initial Study will be included in the EIR as Appendix A for public circulation. If an EIR is recommended, SUBCONSULTANT David J Powers & Associates recommends a meeting with CITY Staff to discuss and outline alternatives to be assessed in the EIR.
4.2.3B Deliverable:
• Prepare Administrative Draft CEQA Environmental Document
Task 4.2.3C –Draft CEQA Environmental Document Task
Based on CITY Staff comments on the EIR and/or Initial Study, SUBCONSULTANT David J Powers & Associates will revise the document as needed and submit a Screencheck EIR and/or Initial Study for final review and approval. Once final approval is provided by CITY Staff, DJP&A will prepare the Draft EIR and/or Initial Study for public circulation. Deliverables will include a PDF of the environmental document and appendices for posting on the CITY’s website, uploading of all documents to the State Clearinghouse, and delivery of up to 35 hard copies of the document to the CITY for distribution.
DocuSign Envelope ID: 13C137BC-9E36-4011-A965-D62E2DB08DF7 Item 9
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Item 9: Staff Report
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4.2.3C Deliverable:
• Prepare Draft CEQA Environmental Document
Task 4.2.3D – Notice of Completion (NOC)
SUBCONSULTANT David J Powers & Associates will prepare the Notice Completion for circulation of the environmental document.
Task 4.2.3D Deliverable:
Prepare and file Notice of Completion (NOC) with State Clearinghouse
Task 4.2.3E – Final Environmental Impact Report (FEIR) (If Applicable)Task If an EIR is required, SUBCONSULTANT David J Powers & Associates will prepare a Final EIR which responds to all comments received during the public circulation period and includes any necessary text edits. The Administrative Draft Final EIR will be submitted to the CITY within three weeks of the end of the circulation period for review, dependent on the number and substance of comment letters received. The schedule for completion of the Final EIR will be coordinated with CITY staff once all comments are received and the level of work required to prepare the Final EIR is understood.
This scope assumes one administrative draft review and one Screencheck review. Upon approval of the Screencheck, DJP&A will finalize the Final EIR and submit a PDF of the environmental document for posting on the CITY’s website, upload the document to the State Clearinghouse, and deliver of up to 25 hard copies of the document to the CITY for distribution.
If an Initial Study is prepared, DJP&A will prepare a response to comments memo to be included in the staff report if necessary. The response to comments memo would follow the same process as the Final EIR but would not be required to be uploaded to the State Clearinghouse and no hard copies would be provided.
4.2.3E Deliverable:
Prepare Final Environmental Impact Report (FEIR)
Task 4.2.3F – Notice of Determination (NOD)
Upon approval/certification of the environmental document, DJP&A will prepare a Notice of Determination and file it at the County within five business days of the final public hearing.
Task 4.2.3F Deliverable:
Prepare and file Notice of Determination (NOD) with State Clearinghouse
Task 4.2.3G – Technical SUBCONSULTANTS for EIR
Noting this tasks identifies that resources will be need for technical consults and ensures that Exhibit A matches Exhibit C back up material in terms of budgeted amount. A breakdown of scope of work and labor costs will be approved by CITY staff prior to use of these budgeted funds.
Task 4.3 – Downtown Housing Plan Adoption, CEQA Environmental Document DocuSign Envelope ID: 13C137BC-9E36-4011-A965-D62E2DB08DF7 Item 9
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Item 9: Staff Report
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Certification, Comprehensive Plan Amendment, and Municipal Code Update
This task outlines the steps necessary to adopt the Downtown Housing Plan.
Task 4.3.1 – Public Hearings (Updates and Coordination) This task pertains to public hearings with City Council and other boards and commissions to provide updates and coordination on the Downtown Housing Plan process. Three to five public hearings are anticipated with each body (i.e. City Council, Planning and Transportation Commission, Architectural Review Board).
CONSULTANT will coordinate with the CITY’s Project Manager on preparing updates on the Downtown Housing Plan Preparation Process to present at public hearings with the City Council, Planning and Transportation Commission, and Architectural Review Board. CONSULTANT will prepare presentation materials as needed, for the public hearings.
SUBCONSULTANT David J Powers & Associates will provide staff support as necessary at up to 15 total public hearings during preparation of the environmental analysis, including giving presentations to each body on the status of the environmental analysis and responding to questions.
Task 4.3.1 Deliverables:
• Prepare reports and presentation materials, meeting summary notes, • Attendance at public hearings.
Task 4.3.2 – Public Hearings (Adoption)
This task pertains to public hearings with CITY Council and other boards and commissions necessary to certify the CEQA Environmental Document and adopt the Downtown Housing Plan. At least four public hearings are anticipated.
CONSULTANT will provide staff support as necessary, by providing presentation materials and other relevant content, at up to four public hearings for adoption of the Downtown Housing Plan and CEQA Environmental Document. SUBCONSULTANT David J Powers & Associates will provide staff support as necessary at up to four total public hearings for adoption of the Downtown Housing Plan and environmental analysis, including giving presentations to each body on the findings of the environmental analysis and responding to questions.
Task 4.3.2 Deliverables:
• Prepare reports and presentation materials, meeting summary notes. • Attendance at public hearings.
Task 4.3.3 – CEQA Environmental Document Certification or Adoption
SUBCONSULTANT David J Powers & Associates will assist CITY staff with preparation of the findings/resolution as needed for certification of the EIR or adoption of the Initial Study.
DocuSign Envelope ID: 13C137BC-9E36-4011-A965-D62E2DB08DF7 Item 9
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Task 4.3. 3 Deliverable:
• Document Certification/Adoption Resolution
Task 4.3.4 - Downtown Housing Plan Adoption
CONSULTANT will provide staff support as necessary for Downtown Housing Plan Adoption.
Task 4.3.4 Deliverable:
• Assist with Downtown Housing Plan Adoption Resolution
Task 4.3.5 – Land Use Map Update and Comprehensive Downtown Housing Plan Amendment
CONSULTANT will assist staff in updating the Land Use Plan and other relevant sections of the CITY-wide Comprehensive Plan.
Task 4.3.5 Deliverable:
• Assist with Map Update and Amendment Resolution
Task 4.3.6 – Zoning Map Update and Municipal Code Update
CONSULTANT will assist staff in updating the Zoning Map and relevant sections of the CITY Municipal Code.
Task 4.3.6 Deliverable:
• Assist with Map and Code Update Ordinance
DocuSign Envelope ID: 13C137BC-9E36-4011-A965-D62E2DB08DF7 Item 9
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EXHIBIT A-1
PROFESSIONAL SERVICES TASK ORDER
CONSULTANT shall perform the Services detailed below in accordance with all the terms and conditions of the Agreement reference d in Item 1A below. All exhibits referenced in Item 8 are incorporated into this Task Order by this reference.
CONTRACT NO. C24187236
1A. TASK ORDER NO.:
2. CONSULTANT OR SUBCONSULTANT NAME:
3. PERIOD OF PERFORMANCE: START:
4 TOTAL TASK ORDER PRICE: $__________________
7. SCOPE OF SERVICES – MUST REFERENCE TASK(S) IN EXHIBIT A
8. ATTACHMENTS:
I hereby authorize the performance of
the work described in this Task Order.
APPROVED:
CITY OF PALO ALTO
Name
__________________________________
Title______________________________
Date
__________________________________
I hereby acknowledge receipt and
acceptance of this Task Order and
warrant that I have authority to sign on
behalf of Consultant.
APPROVED:
WALLACE ROBERTS & TODD, LLC
Name
__________________________________
Title______________________________
Date
__________________________________
DocuSign Envelope ID: 13C137BC-9E36-4011-A965-D62E2DB08DF7 Item 9
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EXHIBIT B
SCHEDULE OF PERFORMANCE
CONSULTANT shall perform the Services so as to complete each task either on daily basis or as directed by CITY staff. The time to complete each milestone may be increased or decreased by mutual written agreement of the Project Managers for CONSULTANT and CITY so long as all work is completed within the term of the Agreement.
TASKS SCHEDULE
1. PROJECT MANAGEMENT AND
COORDINATION
ONGOING/DAILY
2. COMMUNITY OUTREACH AND
ENGAGEMENT
AS DIRECT BY CITY STAFF
3. COMMUNITY ASSESSMENT AND
POLICY DEVELOPMENT
AS DIRECT BY CITY STAFF
4. DOWNTOWN HOUSING PLAN
DOCUMENTS
AS DIRECT BY CITY STAFF
DocuSign Envelope ID: 13C137BC-9E36-4011-A965-D62E2DB08DF7 Item 9
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EXHIBIT C
COMPENSATION
CITY agrees to compensate CONSULTANT for Services performed in accordance with the terms and conditions of this Agreement, and as set forth in the budget schedule below. Compensation shall be calculated based on the rate schedule attached as Exhibit C-1 up to the not to exceed budget amount for each task set forth below.
CITY’s Project Manager may approve in writing the transfer of budget amounts between any of the tasks or categories listed below , provided that the total compensation for the Services, including any specified reimbursable expenses, and the total compensation for Additional Services (if any, per Section 4 of the Agreement) do not exceed the amounts set forth in Section 4 of this Agreement.
CONSULTANT agrees to complete all Services , any specified reimbursable expenses, and Additional Services (if any, per Section 4), within this/these amount(s). Any work performed or expenses incurred for which payment would result in a total exceeding the maximum amount of compensation set forth in this Agreement shall be at no cost to the CITY.
BUDGET SCHEDULE
TASK NOT TO EXCEED AMOUNT
Task 1
(PROJECT MANAGEMENT AND COORDINATION)
$121,265
Task 2
(COMMUNITY OUTREACH AND ENGAGEMENT)
$338,170
Task 3
(COMMUNITY ASSESSMENT AND POLICY
DEVELOPMENT)
$385,310
Task 4
(DOWNTOWN HOUSING PLAN DOCUMENTS)
$490,895
Sub-total for Services $1,335,640
Reimbursable Expenses (if any) $35,500
Total for Services and Reimbursable Expenses $1,371,140 Additional Services (if any, per Section 4) $137,114
Maximum Total Compensation $1,508,254
REIMBURSABLE EXPENSES
CONSULTANT’S ordinary business expenses , such as administrative, overhead, administrative support time/overtime, information systems, software and hardware, photocopying, telecommunications (telephone, internet), in-house printing, insurance and other ordinary business expenses, are included within the scope of payment for Services and are not reimbursable expenses hereunder.
Reimbursable expenses, if any are specified as reimbursable under this section , will be reimbursed at actual cost. The expenses (by type, e.g. travel) for which CONSULTANT will DocuSign Envelope ID: 13C137BC-9E36-4011-A965-D62E2DB08DF7 Item 9
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be reimbursed are: travel, meals, printing, translation services, renderings, visualizations, and stipends for nonprofit/community members/round table panelists up to the not-to-exceed amount of: $35,500.
A. Travel outside the San Francisco Bay Area, including transportation and meals , if specified as reimbursable, will be reimbursed at actual cost subject to the City of Palo Alto’s policy for reimbursement of travel and meal expenses.
B. Long distance telephone service charges, cellular phone service charges, facsimile transmission and postage charges, if specified as reimbursable, will be reimbursed at actual cost.
All requests for reimbursement of expenses, if any are specified as reimbursable under this section, shall be accompanied by appropriate backup documentation and information.
DocuSign Envelope ID: 13C137BC-9E36-4011-A965-D62E2DB08DF7 Item 9
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EXHIBIT C-1
SCHEDULE OF RATES
CITY, CONSULTANT and SUBCONSULTANTS may at any time mutually agree to add new position titles, rates, and adjust listed rates so long as the changes do not increase the not to exceed amount as noted in Section 4.
CONSULTANT’s schedule of rates is as follows:
Wallace Roberts & Todd, LLC
Principal $265
Principal Advisors $265
Project Manager $205
Sr. Urban Designer/Architect $205
PUD Level III $160
UD Level 1 $115
Administrative Support $110
SUBCONSULTANTS schedule of rates is as follows:
CBI
Principal $255
Staff $205
Strategic Economics
Principal $235
Associates $140
Research Analyst $115
W-Trans
Principal $300
Project Manager $270
Project Planner $135
Administrative Support $130
CSW | ST2
Principal $300
Project Manager $270
Engineer $175
David J Powers & Associates
Principal $295
Project Manager $230
Staff $120- $180
DocuSign Envelope ID: 13C137BC-9E36-4011-A965-D62E2DB08DF7 Item 9
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EXHIBIT D
INSURANCE REQUIREMENTS
CONSULTANTS TO THE CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, SHALL FOR THE TERM OF THE
CONTRACT OBTAIN AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW, AFFORDED BY COMPANIES WITH AM BEST’S KEY RATING OF A -:VII, OR HIGHER, LICENSED OR AUTHORIZED TO TRANSACT INSURANCE BUSINESS IN THE STATE OF CALIFORNIA.
AWARD IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS AS SPECIFIED HEREIN.
REQUIRED TYPE OF COVERAGE REQUIREMENT
MINIMUM LIMITS
EACH
OCCURRENCE AGGREGATE
YES
YES
WORKER’S COMPENSATION
EMPLOYER’S LIABILITY
STATUTORY
STATUTORY STATUTORY STATUTORY
YES
GENERAL LIABILITY, INCLUDING
PERSONAL INJURY, BROAD FORM
PROPERTY DAMAGE BLANKET
CONTRACTUAL, AND FIRE LEGAL
LIABILITY
BODILY INJURY
PROPERTY DAMAGE
BODILY INJURY & PROPERTY
DAMAGE COMBINED.
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
YES
AUTOMOBILE LIABILITY,
INCLUDING ALL OWNED, HIRED,
NON-OWNED
BODILY INJURY
- EACH PERSON
- EACH OCCURRENCE
PROPERTY DAMAGE
BODILY INJURY AND PROPERTY
DAMAGE, COMBINED
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
YES
PROFESSIONAL LIABILITY,
INCLUDING, ERRORS AND
OMISSIONS, MALPRACTICE (WHEN
APPLICABLE), AND NEGLIGENT
PERFORMANCE
ALL DAMAGES $1,000,000
YES
THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: CONSULTANT, AT ITS SOLE COST
AND EXPENSE, SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND EFFECT THROUGHOUT THE ENTIRE TERM
OF ANY RESULTANT AGREEMENT, THE INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY CONSULTANT AND ITS SUBCONSULTANTS, IF ANY, BUT ALSO, WITH THE EXCEPTION OF WORKERS’ COMPENSATION, EMPLOYER’S LIABILITY AND PROFESSIONAL INSURANCE, NAMING AS ADDITIONAL INSUREDS CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES.
I. INSURANCE COVERAGE MUST INCLUDE:
A. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR CONSULTANT’S AGREEMENT TO INDEMNIFY CITY.
II. THE CONSULTANT MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE
III. ENDORSEMENT PROVISIONS WITH RESPECT TO THE INSURANCE AFFORDED TO ADDITIONAL INSUREDS:
A. PRIMARY COVERAGE
WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED,
INSURANCE AS AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR
CONTRIBUTING WITH ANY OTHER INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSUREDS.
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B. CROSS LIABILITY
THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER
THE POLICY SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE
INSURED AGAINST ANOTHER, BUT THIS ENDORSEMENT, AND THE NAMING OF MULTIPLE
INSUREDS, SHALL NOT INCREASE THE TOTAL LIABILITY OF THE COMPANY UNDER THIS POLICY.
C. NOTICE OF CANCELLATION
1. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON
OTHER THAN THE NON-PAYMENT OF PREMIUM, THE CONSULTANT SHALL PROVIDE CITY AT LEAST A THIRTY (30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.
2. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON-PAYMENT OF PREMIUM, THE CONSULTANT SHALL PROVIDE CITY AT LEAST A TEN (10) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.
EVIDENCE OF INSURANCE AND OTHER RELATED NOTICES ARE REQUIRED TO BE FILED WITH THE CITY OF PALO ALTO TO THE FOLLOWING EMAIL: [email protected]
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CITY OF PALO ALTO CONTRACT NO. C24187237
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE CITY OF PALO ALTO AND GOOD CITY COMPANY
This Agreement for Professional Services (this “Agreement”) is entered into as of the 26th day of January 2024 (the “Effective Date”) , by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and GOOD CITY COMPANY , a California Corporation, located at 601 Allerton Street, Suite 110, Redwood City, CA 94063 (“CONSULTANT”).
The following recitals are a substantive portion of this Agreement and are fully incorporated herein by this reference:
RECITALS
A. CITY intends to utilize Project Management services for the Downtown Housing Plan (the “Project”) and desires to engage a consultant to provide community engagement, public meeting, document review, and other general project management services in connection with the Project (the “Services”, as detailed more fully in Exhibit A).
B. CONSULTANT represents that it, its employees and subconsultants, if any, possess the necessary professional expertise, qualifications, and capability, and all required licenses and/or certifications to provide the Services.
C. CITY, in reliance on these representations , desires to engage CONSULTANT to provide the Services as more fully described in Exhibit A, entitled “SCOPE OF SERVICES”.
NOW, THEREFORE, in consideration of the recitals, covenants, terms, and conditions, in this Agreement, the parties agree as follows:
SECTION 1. SCOPE OF SERVICES. CONSULTANT shall perform the Services described in Exhibit A in accordance with the terms and conditions contained in this Agreement. The performance of all Services shall be to the reasonable satisfaction of CITY.
SECTION 2. TERM.
The term of this Agreement shall be from the date of its full execution through December 31, 2026, unless terminated earlier pursuant to Section 19 (Termination) of this Agreement.
SECTION 3. SCHEDULE OF PERFORMANCE. Time is of the essence in the performance of Services under this Agreement. CONSULTANT shall complete the Services within the term of this Agreement and in accordance with the schedule set forth in Exhibit B, entitled “SCHEDULE OF PERFORMANCE”. Any Services for which times for performance are not specified in this Agreement shall be commenced and completed by CONSULTANT in a reasonably prompt and timely manner based upon the circumstances and direction communicated to the CONSULTANT.
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CITY’s agreement to extend the term or the schedule for performance shall not preclude recovery of damages for delay if the extension is required due to the fault of CONSULTANT.
SECTION 4. NOT TO EXCEED COMPENSATION . The compe nsation to be paid to CONSULTANT for performance of the Services shall be based on the compensation structure detailed in Exhibit C, entitled “COMPENSATION,” including any reimbursable expenses specified therein, and the maximum total compensation shall not exceed Three Hundred Fifty Seven Thousand Six Hundred Forty Dollars ($357,640). The hourly schedule of rates , if applicable, is set out in Exhibit C-1, entitled “SCHEDULE OF RATES.” Any work performed or expenses incurred for which payment would result in a total exceeding the maximum compensation set forth in this Section 4 shall be at no cost to the CITY.
Optional Additional Services Provision (This provision applies only if checked and a not-to-exceed compensation amount for Additional Services is allocated below under this Section 4.)
In addition to the not-to-exceed compensation specified above, CITY has set aside the not- to-exceed compensation amount of Seventeen Thousand Eight Hundred Eighty-Two Dollars ($17,882) for the performance of Additional Services ( as defined below). The total compensation for performance of the Services, Additional Services and any reimbursable expenses specified in Exhibit C, shall not exceed Three Hundred Seventy- Five Thousand Five Twenty-Two Dollars ($375,522), as detailed in Exhibit C.
“Additional Services” means any work that is determined by CITY to be necessary for the proper completion of the Project, but which is not included within the Scope of Services described at Exhibit A. CITY may elect to, but is not required to, authorize Additional Services up to the maximum amount of compensation set forth for Additional Services in this Section 4. CONSULTANT shall provide Additional Services only by advanced, written authorization from CITY as detailed in this Section. Additional Services, if any, shall be authorized by CITY with a Task Order assigned and authorized by CITY’s Project Manager, as identified in Section 13 (Project Management). Each Task Order shall be in substantially the same form as Exhibit A-1, entitled “PROFESSIONAL SERVICES TASK ORDER”. Each Task Order shall contain a specific scope of services, schedule of performance and maximum compensation amount, in accordance with the provisions of this Agreement. Compensation for Additional Services shall be specified by CITY in the Task Order, based on whichever is lowest: the compensation structure set forth in Exhibit C, the hourly rates set forth in Exhibit C-1, or a negotiated lump sum.
SECTION 5. INVOICES. In order to request payment, CONSULTANT shall submit monthly invoices to the CITY describing the Services performed and the applicable charges (including , if applicable, an identification of personnel who performed the Services, hours worked, hourly rates, and reimbursable expenses), based upon Exhibit C or, as applicable, CONSULTANT’s schedule of rates set forth in Exhibit C-1. If applicable, the invoice shall also describe the percentage of completion of each task. The information in CONSULTANT’s invoices shall be subject to verification by CITY. CONSULTANT shall send all invoices to CITY’s Project Manager at the address specified in Section 1 3 (Project Management) below. CITY will generally process and pay invoices within thirty (30) days of receipt of an acceptable invoice . All invoices shall be DocuSign Envelope ID: C8341EF0-AE55-43D1-9519-F86553196D6C Item 9
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submitted to the Planning Department’s contract email account at [email protected] to ensure timely payment.
SECTION 6. QUALIFICATIONS/STANDARD OF CARE. All Services shall be performed by CONSULTANT or under CONSULTANT’s supervision. CONSULTANT represents that it , its employees and subcontractors, if any, possess the professional and technical personnel necessary to perfor m the Services required by this Agreement and that the personnel have sufficient skill and experience to perform the Services assigned to them. CONSULTANT represents that it, its employees and subcontractors, if any, have and shall maintain during the term of this Agreement all licenses, permits, qualifications, insurance and approvals of whatever nature that are legally required to perform the Services. All Services to be furnished by CONSULTANT under this Agreement shall meet the professional standard and quality that prevail among professionals in the same discipline and of similar knowledge and skill engaged in related work throughout California under the same or similar circumstances.
SECTION 7. COMPLIANCE WITH LAWS . CONSULTANT shall keep itself informed of and in compliance with all federal, state and local laws, ordinances, regulations, and orders that may affect in any manner the Project or the performance of the Services or those engaged to perform Services under this Agreement , as ame nded from time to time . CONSULTANT shall procure all permits and licenses, pay all charges and fees, and give all notices required by law in the performance of the Services.
SECTION 8. ERRORS/OMISSIONS. CONSULTANT is solely responsible for costs, including, but not limited to, increases in the cost of Services , arising from or caused by CONSULTANT’s errors and omissions, including, but not limited to, the costs of corrections such errors and omissions, any change order markup costs, or costs arising fr om delay caused by the errors and omissions or unreasonable delay in correcting the errors and omissions.
SECTION 9. COST ESTIMATES. If this Agreement pertains to the design of a public works project, CONSULTANT shall submit estimates of probable construction costs at each phase of design submittal. If the total estimated construction cost at any submittal exceeds the CITY’s stated con struction budget by ten percent (10%) or more , CONSULTANT shall make recommendations to CITY for aligning the P roject design with the budget, incorporate CITY approved recommendations, and revise the design to meet the Project budget, at no additional cost to CITY.
SECTION 10. INDEPENDENT CONTRACTOR. CONSULTANT acknowledges and agrees that CONSULTANT and any agent or employee of CONSULTANT will act as and shall be deemed at all times to be an independent contractor and shall be wholly responsible for the manner in which CONSULTANT performs the Services requested by CITY under this Agreement.
CONSULTANT and any agent or employee of CONSULTANT will not have employee status with CITY, nor be entitled to participate in any plans, arrangements, or distributions by CITY pertaining to or in connection with any retirement, health or other benefits that CITY may offer its employees. CONSULTANT wi ll be responsible for all obligations and pa yments, whether imposed by federal, state or local law, including, but not limited to, FICA, income tax withholdings, workers’ compensation, unemployment compensation, insurance, and other similar responsibilities re lated to CONSULTANT’s performance of the Services, or any agent or DocuSign Envelope ID: C8341EF0-AE55-43D1-9519-F86553196D6C Item 9
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employee of CONSULTANT providing same. Nothing in this Agreement shall be construed as creating an employment or agency relationship between CITY and CONSULTANT or any agent or employee of CONSULTANT. Any terms in this Agreemen t referring to direction from CITY shall be construed as providing for direction as to policy and the result of CONSULTANT’s provision of the Services only, and not as to the means by which such a result is obtained.
SECTION 11. ASSIGNMENT . The partie s agree that the expertise and experience of CONSULTANT are material considerations for this Agreement. CONSULTANT shall not assign or transfer any interest in this Agreement nor the performance of any of CONSULTANT’s obligations hereunder without the pri or written approval of the City Manager. Any purported assignment made without the prior written approval of the City Manager will be void and without effect. Subject to the foregoing, the covenants, terms, conditions and provisions of this Agreement will apply to, and will bind, the heirs, succes sors, executors, administrators and assignees of the parties.
SECTION 12. SUBCONTRACTING.
Subcontracts Authorized: Notwithstanding Section 11 (Assignment) above, CITY agrees that subcontractors may be used to complete the Services only with prior approval, in writing, including scope of services, cost and duration.
CONSULTANT shall be responsible for directing the work of any subcon tractors and for any compensation due to subcon tractors. CITY assumes no respo nsibility whatsoever concerning compensation of subcontractors. CONSULTANT shall be fully responsible to CITY for all acts and omissions of subcon tractors. CONSULTANT shall change or add subcon tractors only with the prior written approval of the City Manager or designee.
SECTION 13. PROJECT MANAGEMENT . CONSULTANT will assign Kelly Beggs Telephone: 628 -222-5985, Email: [email protected] as the CONSULTANT’s Project Manager to have supervisory responsibility for the performance, progress, and execution of the Services and represent CONSULTANT during the day -to-day performance of the Services. If circumstances cause the substitution of the CONSULTANT’s Project Manager or any o ther of CONSULTANT’s key personnel for any reason, the appointment of a substitute Project Manager and the assignment of any key new or replacement personnel will be subject to the prior written approval of the CITY’s Project Manager. CONSULTANT, at CITY’ s request, shall promptly remove CONSULTANT personnel who CITY finds do not perform the Services in an acceptable manner, are uncooperative, or present a threat to the adequate or timely completion of the Services or a threat to the safety of persons or property.
CITY’s Project Manager is Coleman Frick, Planning and Development Services Department, , 250 Hamilton Ave. Palo Alto, CA , 94301 Telephone: 650-838-2821, Email:
[email protected]. CITY’s Project Manager will be CONSULTANT’s point of contact with respect to performance, progress and execution of the Services. CITY may designate an alternate Project Manager from time to time.
SECTION 1 4. OWNERSHIP OF MATERIALS . All work product, including without limitation, all writings, drawings, studies, sketches, photographs, plans, reports, specifications, computations, models, recordings, data, documents, and other materials and copyright interests DocuSign Envelope ID: C8341EF0-AE55-43D1-9519-F86553196D6C Item 9
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developed under this Agreement, in any form or media, shall be and remain the exclusive property of CITY without restriction or limitation upon their use. CONSULTANT agrees that all copyrights which arise from creation of the work product pursuant to this Agreement are vested in CITY, and CONSULTANT hereby waives and relinquishes all claims to copyright or other intellectual property rights in favor of CITY. Neither CONSULTANT nor its subcontractors, if any, shall make any of such work product available to any individual or organization without the prior written approval of the City Manager or designee. CONSULTANT makes no representation of the suitability of the work product for use in or application to circumstances not contemplated by the Scope of Services.
SECTION 15. AUDITS . CONSULTANT agrees to permit CITY and its authorized representatives to audit, at any reasonable time during the term of this Agreement and for four (4) years from the date of final payment, CONSULTANT’s records pertaining to matters covered by this Agreement, including without limitation records demonstrating compliance with the requirements of Section 10 (Independent Contractor). CONSULTANT further agrees to maintain and retain accurate books and records in accordance with generally accepted accounting principles for at least four (4) years after the expiration or earlier termination of this Agreement or the completion of any audit hereunder, whichever is later.
SECTION 16. INDEMNITY.
16.1. To the fullest extent permitted by law, CONSULTANT shall indemnify, defend and hold harmless CITY, its Council members, officers, employees and agents (each an “Indemnified Party”) from and against any and all demands, claims, or liability of any nature, including death or injury to any person, property damage or any other loss, including all costs and expenses of whatever nature including attorney’s fees, experts fees, court costs and disbursements (“Claims”) resulting from, arising out of or in any manner related to performance or nonperformance by CONSULTANT, its officers, employees, agents or contractors under this Agreement, regardless of whether or not it is caused in part by an Indemnified Party.
16.2. Notwithstanding the above, nothing in this Section 16 shall be construed to require CONSULTANT to indemnify an Indemnified Party from a Claim arising from the active negligence or willful misconduct of an Indemnified Party that is not contributed to by any act of, or by any omission to perform a duty imposed by law or agreement by, CONSULTANT, its officers, employees, agents or contractors under this Agreement.
16.3. The acceptance of CONSULTANT’s Services and duties by CITY shall not operate as a waiver of the right of indemnification. The provisions of this Section 16 shall survive the expiration or early termination of this Agreement.
SECTION 17. WAIVERS. No waiver of a condition or nonperformance of an obligation under this Agreement is effective unless it is in writing in accordance with Section 2 9.4 of this Agreement. No delay or failure to require performance of any provision of this Agreement shall constitute a waiver of that provision as to that or any other instance. Any waiver granted shall apply solely to the specific instance expressly stated. No single or partial exercise of any right or remedy will preclude any other or further exercise of any right or remedy.
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SECTION 18. INSURANCE.
18.1. CONSULTANT, at its sole cost and expense, shall obtain and maintain, in full force and effect during the term of this Agreement, the insurance coverage described in Exhibit D, entitled “INSURANCE REQUIREMENTS”. CONSULTANT and its contractors, if any, shall obtain a policy endorsement naming CITY as an additional insured under any general liability or automobile policy or policies.
18.2. All insurance coverage required hereunder shall be provided through carriers with AM Best’s Key Rating Guide ratings of A -:VII or higher which are licensed or authorized to transact insurance business in the State of California. Any and all contractors of CONSULTANT retained to perform Services under this Agreement will obtain and maintain, in full force and effect during the term of this Agreement, identical insurance coverage, naming CITY as an additional insured under such policies as required above.
18.3. Certificates evidencing such insurance shall be filed with CITY concurrently with the execution of this Agreement. The certificates will be subject to the approval of CITY’s Risk Manager and will contain an endorsement stating that the insurance is primary coverage and will not be canceled, or materially reduced in coverage or limits, by the insurer except after filing with the Purchasing Manager thirty (30) days ’ prior written notice of the cancellation or modification. If the insurer cancels or modifies the insurance and provides less than thirty (30) days’ notice to CONSULTANT, CONSULTANT shall provide the Purchasing Manager written notice of the cancellation or modification within two (2) business days of the CONSUL TANT’s receipt of such notice. CONSULTANT shall be responsible for ensuring that current certificates evidencing the insurance are provided to CITY’s Chief Procurement Officer during the entire term of this Agreement.
18.4. The procuring of such require d policy or policies of insurance will not be construed to limit CONSULTANT ’s liability hereunder nor to fulfill the indemnification provisions of this Agreement. Notwithstanding the policy or policies of insurance, CONSULTANT will be obligated for the fu ll and total amount of any damage, injury, or loss caused by or directly arising as a result of the Services performed under this Agreement, including such damage, injury, or loss arising after the Agreement is terminated or the term has expired.
SECTION 19. TERMINATION OR SUSPENSION OF AGREEMENT OR SERVICES.
19.1. The City Manager may suspend the performance of the Services, in whole or in part, or terminate this Agreement, with or without cause, by giving ten (10) days prior written notice thereof to C ONSULTANT. If CONSULTANT fails to perform any of its material obligations under this Agreement, in addition to all other remedies provided under this Agreement or at law, the City Manager may terminate this Agreement sooner upon written notice of termination. Upon receipt of any notice of suspension or termination, CONSULTANT will discontinue its performance of the Services on the effective date in the notice of suspension or termination.
19.2. In event of suspension or termination, CONSULTANT will deliver to the City Manager on or before the effective date in the notice of suspension or termination, any and all work product, as detailed in Section 14 (Ownership of Materials), whether or not completed, DocuSign Envelope ID: C8341EF0-AE55-43D1-9519-F86553196D6C Item 9
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prepared by CONSULTANT or its contractors, if any, in the performance of this Agreement. Such work product is the property of CITY, as detailed in Section 14 (Ownership of Materials).
19.3. In event of suspension or termination, CONSULTANT will be paid for the Services rendered and work products delivered to CITY in accordance with the Scope of Services up to the effective date in the notice of suspension or termination; provided, however, if this Agreement is suspended or terminated on account of a default by CONSULTANT, CITY will be obligated to compensate CONSULTANT only for that portion of CONSULTANT’s Services provided in material conformity with this Agreement as such determination is made by the City Manager acting in the reasonable exercise of his/her discretion . The following Sections will survive any expiration or termination of this Agreement: 14, 15, 16, 17, 19.2, 19.3, 19.4, 20, 25, 27, 28, 29 and 30.
19.4. No payment, partial payment, acceptance, or partial acceptance by CITY will operate as a waiver on the part of CITY of any of its rights under this Agreement, unless made in accordance with Section 17 (Waivers).
SECTION 20. NOTICES.
All notices hereunder will be given in writing and mailed, postage prepaid, by certified mail, addressed as follows:
To CITY: Office of the City Clerk
City of Palo Alto
Post Office Box 10250
Palo Alto, CA 94303
With a copy to the Purchasing Manager
To CONSULTANT: Attention of the Project Manager at the address of CONSULTANT recited on the first page of this Agreement.
CONSULTANT shall provide written notice to CITY of any change of address.
SECTION 21. CONFLICT OF INTEREST.
21.1. In executing this Agreement, CONSULTANT covenants that it presently has no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the Services.
21.2. CONSULTANT furt her covenants that, in the performance of this Agreement, it will not employ subcontractors or other persons or parties having such an interest.
CONSULTANT certifies that no person who has or will have any financial interest under this Agreement is an off icer or employee of CITY; this provision will be interpreted in accordance with the applicable provisions of the Palo Alto Municipal Code and the Government Code of the State of California, as amended from time to time . CONSULTANT agrees to notify CITY if any conflict arises.
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21.3. If the CONSULTANT meets the definition of a “Consultant” as defined by the Regulations of the Fair Political Practices Commission, CONSULTANT will file the appropriate financial disclosure documents required by the Palo Alto Municipal Code and the Political Reform Act of 1974, as amended from time to time.
SECTION 22. NONDISCRIMINATION; COMPLIANCE WITH ADA.
22.1. As set forth in Palo Alto Municipal Code Section 2.30.510, as amended from time to time, CONSULTANT certifies that in the performance of this Agreement, it shall not discriminate in the employment of any person due to that person’s race, skin color, gender, gender identity, age, religion, disability, national origin, ancestry, sexual orientation, pregnancy, genetic information or condition, housing status, marital status, familial status, weight or height of such person. CONSULTANT acknowledges that it has read and understands the provisions of Section
2.30.510 of the Palo Alto Municipal Code relating to Nondiscrimination Requirements and the penalties for violation thereof, and agrees to meet all requirements of Section 2.30.510 pertaining to nondiscrimination in employment.
22.2. CONSULTANT understands and agrees that pursuant to the Americans Disabilities Act (“ADA”), programs, services and other activities provided by a public entity to the public, whether directly or through a contractor or subcontractor, are required to be accessible to the disabled public. CONSULTANT will provide the Services specified in this Agreement in a manner that complies with the ADA and any other applicable federal, state and local disability rights laws and regulations, as amended from time to time. CONSULTANT will not discriminate against persons with disabilities in the provision of services, benefits or activities provided under this Agreement.
SECTION 23. ENVIRONMENTALLY PREFERRED PURCHASING AND ZERO WASTE REQUIREMENTS. CONSULTANT shall comply with the CITY’s Environmentally Preferred Purchasing policies which are available at CITY’s Purchasing Department , hereby incorporated by reference and as amended from time to time. CONSULTANT shall comply with waste reduction, reuse, recycling and disposal requirements of CITY’s Zero Waste Program. Zero Waste best practices include , first, minimizing and reducing waste; second, reusing waste ; and, third, recycling or composting waste. In particular, C ONSULTANT shall comply with the following Zero Waste requirements:
(a) All printed materials provided by CONSULTANT to C ITY generated from a personal computer and printer including but not limited to, proposals, quotes, invoices, reports, and public education materials, shall be double-sided and printed on a minimum of 30% or greater post-consumer content paper, unless otherwise approved by CITY’s Project Manager. Any submitted materials printed by a professional printing company shall be a minimum of 30% or greater post-consumer material and printed with vegetable-based inks. (b) Goods purchased by C ONSULTANT on behalf of CITY shall be purchased in accordance with CITY’s Environmental Purchasing Policy including but not limited to Extended Producer Responsibility requirements for products and packaging. A copy of this policy is on file at the Purchasing Department’s office.
(c) Reusable/returnable pallets shall be taken back by CONSULTANT, at no additional cost to CITY, for reuse or recycling. CONSULTANT shall provide documentation from the facility accepting the pallets to verify that pallets are not being disposed.
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SECTION 24. COMPLIANCE WITH PALO ALTO MINIMUM WAGE ORDINANCE .
CONSULTANT shall comply with all requirements of the Palo Alto Municipal Code Chapter 4.62 (Citywide Minimum Wage), as amended from time to time. In particular, for any employee otherwise entitled to the State minimum wage, who performs at least two (2) hours of work in a calendar week within the geographic boundaries of the Cit y, CONSULTANT shall pay such employees no less than the minimum wage set forth in Palo Alto Municipal Code Section 4.62.030 for each hour worked within the geographic boundaries of the City of Palo Alto. In addition, CONSULTANT shall post notices regardin g the Palo Alto Minimum Wage Ordinance in accordance with Palo Alto Municipal Code Section 4.62.060.
SECTION 25. NON-APPROPRIATION. This Agreement is subject to the fiscal provisions of the Charter of the City of Palo Alto and the Palo Alto Municipal Co de, as amended from time to time. This Agreement will terminate without any penalty (a) at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year, or (b) at any time within a fiscal year in the event that funds are only appropriated for a portion of the fiscal year and funds for this Agreement are no longer available. This Section shall take precedence in the event of a conflict with any other covenant, term, condition, or provision of this Agreement.
SECTION 2 6. PREVAILING WAGES AND DIR REGISTRATION FOR PUBLIC WORKS CONTRACTS.
26.1. This Project is not subject to prevailing wages and related requirements .
CONSULTANT is not required to pay prevailing wages and meet related requirements under the California Labor Code and California Code of Regulations in the performance and implementation of the Project if the contract:
(1) is not a public works contract;
(2) is for a public works construction project of $25,000 or less, per California Labor Code Sections 1782(d)(1), 1725.5(f) and 1773.3(j); or (3) is for a public works alteration, demolition, repair, or maintenance project of $15,000 or less, per California Labor Code Sections 1782(d)(1), 1725.5(f) and 1773.3(j).
SECTION 27. CLAIMS PROCEDURE FOR “9204 PUBLIC WORKS PROJECTS”. For purposes of this Section 27, a “9204 Public Works Project” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind. (Cal. Pub. Cont. Code § 9204.) Per California Public Contract Code Section 9204, for Public Works Projects , certain claims procedures shall apply , as set forth in Exhibit F, entitled “Claims for Public Contract Code Section 9204 Public Works Projects”.
This Project is not a 9204 Public Works Project.
SECTION 28. CONFIDENTIAL INFORMATION.
28.1. In the performance of this Agreement, CONSULTANT may have access to CITY’s Confidential Information (defined below). CONSULTANT will hold Confidential Information in strict confidence, not disclose it to any third party, and will use it only for the performance of its obligations to CITY under this Agreement and for no other purpose.
CONSULTANT will maintain reasonable and appropriate administrative, technical and physical safeguards to ensure the security, confidentiality and integrity of the Confidential Information.
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Notwithstanding the foregoing, CONSULTANT may disclose Confidential Information to its employees, agents and subcontractors, if any, to the extent they have a need to know in order to perform CONSULTANT’s obligations to CITY under this Agreeme nt and for no other purpose, provided that the CONSULTANT informs them of, and requires them to follow, the confidentiality and security obligations of this Agreement.
28.2. “Confidential Information” means all data, information (including without limitation “Personal Information” about a California resident as defined in Civil Code Section 1798 et seq., as amended from time to time) and materials, in any form or media, tangible or intangible, provided or otherwise made available to CONSULTANT by CITY, d irectly or indirectly, pursuant to this Agreement. Confidential Information excludes information that CONSULTANT can show by appropriate documentation: (i) was publicly known at the time it was provided or has subsequently become publicly known other than by a breach of this Agreement; (ii) was rightfully in CONSULTANT’s possession free of any obligation of confidence prior to receipt of Confidential Information; (iii) is rightfully obtained by CONSULTANT from a third party without breach of any confidentia lity obligation; (iv) is independently developed by employees of CONSULTANT without any use of or access to the Confidential Information; or (v) CONSULTANT has written consent to disclose signed by an authorized representative of CITY.
28.3. Notwithstanding the foregoing, CONSULTANT may disclose Confidential Information to the extent required by order of a court of competent jurisdiction or governmental body, provided that CONSULTANT will notify CITY in writing of such order immediately upon receipt and prior to any such disclosure (unless CONSULTANT is prohibited by law from doing so), to give CITY an opportunity to oppose or otherwise respond to such order.
28.4. CONSULTANT will notify City promptly upon learning of any breach in the security of its systems or unauthorized disclosure of, or access to, Confidential Information in its possession or control, and if such Confidential Information consists of Personal Information, CONSULTANT will provide information to CITY sufficient to meet the notice requ irements of Civil Code Section 1798 et seq., as applicable, as amended from time to time.
28.5. Prior to or upon termination or expiration of this Agreement, CONSULTANT will honor any request from the CITY to return or securely destroy all copies of Confidential Information. All Confidential Information is and will remain the property of the CITY and nothing contained in this Agreement grants or confers any rights to such Confidential Information on CONSULTANT.
28.6. If selected in Section 30 (Exhibits), this Agreement is also subject to the terms and conditions of the Information Privacy Policy and Cybersecurity Terms and Conditions.
SECTION 29. MISCELLANEOUS PROVISIONS.
29.1. This Agreement will be governed by California law, without regard to its conflict of law provisions.
29.2. In the event that an action is brought, the parties agree that trial of such action will be vested exclusively in the state courts of California in the County of Santa Clara, DocuSign Envelope ID: C8341EF0-AE55-43D1-9519-F86553196D6C Item 9
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State of California.
29.3. The prevailing party in any action brought to enforce the provisions of this Agreement may recover its reasonable costs and attorneys’ fees expended in connection with that action. The prevailing party shall be entitled to recover an amount equal to the fair market value of legal services provided by attorneys employed by it as well as any attorneys’ fees paid to third parties.
29.4. This Agreement, including all exhibits, constitutes the entire and integrated agreement between the parties with respect to the subject matter of this Agreement, and supersedes all prior agreements, negotiations, representations, statements and undertakings, either oral or written. This Agreement may be amended only by a written instrument, which is signed by the authorized representatives of the parties and approved as required under Palo Alto Municipal Code, as amended from time to time.
29.5. If a court of competent jurisdiction finds or rules that any provision of this Agreement is void or unenforceable, the unaffected provisions of this Agreement will remain in full force and effect.
29.6. In the event of a conflict between the terms of this Agreement and the exhibits hereto (per Section 30) or CONSULTANT’s proposal (if any), the Agreement shall control. In the event of a conflict between the exhibits hereto and CONSULTANT’s proposal (if any), the exhibits shall control.
29.7. The provisions of all checked boxes in this Agreement shall apply to this Agreement; the provisions of any unchecked boxes shall not apply to this Agreement.
29.8. All section headings contained in this Agreement are for convenience and reference only and are not intended to define or limit the scope of any provision of this Agreement.
29.9. This Agreement may be signed in multiple counterparts, which, when executed by the authorized representatives of the parties, shall together constitute a single binding agreement.
SECTION 30. EXHIBITS. Each of the following exhibits, if the check box for such exhibit is selected below, is hereby attached and incorporated into this Agreement by reference as though fully set forth herein:
EXHIBIT A: SCOPE OF SERVICES
EXHIBIT B: SCHEDULE OF PERFORMANCE
EXHIBIT C: COMPENSATION
EXHIBIT C-1: SCHEDULE OF RATES
EXHIBIT D: INSURANCE REQUIREMENTS
THIS AGREEMENT IS NOT COMPLETE UNLESS ALL SELECTED EXHIBITS ARE ATTACHED.
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CONTRACT No. C24187237 SIGNATURE PAGE
IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives executed this Agreement as of the date first above written.
CITY OF PALO ALTO
____________________________
City Manager
APPROVED AS TO FORM:
__________________________
City Attorney or designee
GOOD CITY COMPANY
Officer 1
By:
Name: Aaron Aknin
Title: Secretary
[email protected]
Officer 2
By:
Name: Lisa Costa-Sanders
Title: President
[email protected]
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EXHIBIT A
SCOPE OF SERVICES
CONSULTANT will provide the Services detailed in this Exhibit A, entitled “SCOPE OF SERVICES”. CONSULTANT will complete project management services through community engagement, public meeting, document review and other mutually agreed upon tasks.
Task 1: Project Commencement and Community Engagement Strategy
A. Weekly Check-in Meeting.
CONSULTANT will participate in a weekly 1-hour check in meeting with staff and consultants to provide progress updates, review open action items, review upcoming schedule milestones, and solicit feedback and discuss issues as needed. CONSULTANT will solicit staff and consultants for agenda items and distribute agendas a day ahead of meetings.
B. Task-tracking Document.
CONSULTANT will create and maintain a task-tracking document using either OneDrive or GoogleDocs to allow collaboration with CITY and consultant staff. The document will specify action items, responsible parties, status, and due dates and will be updated on a daily basis. CONSULTANT will also review action items during weekly meetings to ensure that the CITY and consultant teams are aligned on project status and issue resolution.
C. Invoice Tracking and Approval.
CONSULTANT will create an invoice tracking spreadsheet to track budget and assess billings as they relate to task completion. CONSULTANT will work with CITY staff to process and pay invoices in a timely manner.
D. Schedule Tracking.
CONSULTANT will proactively track consultants’ progress on deliverables to ensure that the project stays on schedule. CONSULTANT will ask that schedule is on the agenda for every check-in meeting to confirm deliverable timelines and avoid slowdowns.
E. Weekly Email and Updates.
CONSULTANT will send a weekly project status email to the Planning Manager of Long- Range Planning or designee to keep CITY staff aware of project status and will provide updates on major issues as they arise.
F. Meeting Coordination.
CONSULTANT will work with staff and consultants to coordinate schedules, send meeting invitations, prepare agendas, and facilitate meetings when necessary.
G. General Communications.
CONSULTANT will act as a main point of contact for internal and external inquiries and communications regarding the Housing Plan.
H. Notices.
CONSULTANT will assist staff with preparing, posting, and mailing notices required for public meetings and for CEQA milestones.
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Task 2: Document Review Coordination
A. Setting Document Review Policy.
CONSULTANT will establish a global review policy at the kickoff of the project to assess the preferences of key CITY reviewers. CONSULTANT recommends consolidating comments and streamlining review by saving documents in OneDrive or within CITY SharePoint files so that reviewers can concurrently comment. CONSULTANT can also assist with consolidating comments and tracked changes from multiple versions, should a versioning issue arise.
B. Review Timelines.
CONSULTANT will clearly communicate review deadlines to CITY reviewers and will provide follow-up reminders of deadlines.
C. Comment Review and Integration.
CONSULTANT will provide an extra layer of review of documents after CITY reviewers provide comments to flag major issues that require attention and discussion during weekly check-in meetings.
D. Comment Matrices.
CONSULTANT will create shared comment matrices and assign responsible parties for issue resolution.
Task 3: Public and Community Meetings, Community Working Group Meetings, and Technical Advisory Meetings
A. Maintain Up-to-Date Public Information.
In collaboration with the Housing Plan consultant, CONSULTANT will draft website content and updates, as well as social media and newsletter posts.
B. Public Meetings.
In collaboration with the Housing Plan consultant, CONSULTANT will draft staff reports, memos, and presentations using CITY templates and agenda management software.
CONSULTANT will also attend and present (as needed) at public meetings and to Boards, Commissions and Council as necessary. CONSULTANT will also prepare notes summarizing each public meeting.
C. Community Working Group and Technical Advisory Group Meetings.
CONSULTANT will serve as a liaison between staff, consultants and the Community Working Group and Technical Advisory Group. CONSULTANT will coordinate meeting times and logistics and assist staff and the Housing Plan consultant with meeting agendas and materials. CONSULTANT will also prepare notes summarizing each Working Group and Advisory Group meeting.
D. Community Workshops.
CONSULTANT will attend and assist the Housing Plan consultant in planning, setting up, and staffing community workshops
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EXHIBIT B
SCHEDULE OF PERFORMANCE
CONSULTANT shall perform the Services so as to complete each milestone within the number of hours specified below. The time to complete each milestone may be increased or decreased by mutual written agreement of the Project Managers for CONSULTANT and CITY so long as all work is completed within the term of the Agreement.
Milestones Hours
Task 1: Project Commencement and Community Engagement Strategy 1697 Task 2: Document Review Coordination 113
Task 3: Public and Community Meetings, Community Working Group Meetings, and Technical Advisory Meetings
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EXHIBIT C
COMPENSATION
CITY agrees to compensate CONSULTANT for Services performed in accordance with the terms and conditions of this Agreement, and as set forth in the budget schedule below. Compensation shall be calculated based on the rate schedule attached as Exhibit C-1 up to the not to exceed budget amount for each task set forth below.
CITY’s Project Manager may approve in writing the transfer of budget amounts between any of the tasks or categories listed below , provided that the total compensation for the Services, including any specified reimbursable expenses, and the total compensation for Additional Services (if any, per Section 4 of the Agreement) do not exceed the amounts set forth in Section 4 of this Agreement.
CONSULTANT agrees to complete all Services , any specified reimbursable expenses, and Additional Services (if any, per Section 4), within this/these amount(s). Any work performed or expenses incurred for which payment would result in a total exceeding the maximum amount of compensation set forth in this Agreement shall be at no cost to the CITY.
BUDGET SCHEDULE
Tasks Labor Categories Hours Hourly Rate Costs
Task 1
Project Commencement and
Community Engagement
Strategy
Principal 42 $260 $10,920
Planning Manager / Principal Planner 1241 $195 $241,995 Sr. Planner/Project Manager 414 $170 $70,380
Subtotal $323,295
Task 2
Document Review
Coordination
Principal 9 $260 $2,340
Planning Manager / Principal Planner 69 $195 $13,455
Sr. Planner/Project Manager 35 $170 $5,950
Subtotal $21,745
Task 3
Public and Community
Meetings, Community
Working Group Meetings,
and Technical Advisory
Meetings
Principal 14 $260 $3,640
Planning Manager / Principal Planner 32 $195 $6,240
Sr. Planner/Project Manager 16 $170 $2,720
Subtotal $12,600
Sub-total for Services $357,640
Reimbursable Expense $0.00
Total for Services and
Reimbursable Expenses
$357,640
Additional Services $17,882
Maximum Total
Compensation
$375,522
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REIMBURSABLE EXPENSES
CONSULTANT’S ordinary business expenses , such as administrative, overhead, administrative support time/overtime, information systems, software and hardware, photocopying, telecommunications (telephone, internet), in-house printing, insurance and other ordinary business expenses, are included within the scope of payment for Services and are not reimbursable expenses hereunder.
Reimbursable expenses, if any are specified a s reimbursable under this section , will be reimbursed at actual cost. The expenses (by type, e.g. travel) for which CONSULTANT will be reimbursed are: none up to the not-to-exceed amount of: $0.00
A. Travel outside the San Francisco Bay Area, including transportation and meals , if specified as reimbursable, will be reimbursed at actual cost subject to the City of Palo Alto’s policy for reimbursement of travel and meal expenses.
B. Long distance telephone service charges, cellular phone service charges, facsimile transmission and postage charges, if specified as reimbursable, will be reimbursed at actual cost.
All requests for reimbursement of expenses, if any are specified as reimbursable under this section, shall be accompanied by appropriate backup documentation and information.
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EXHIBIT C-1
SCHEDULE OF RATES
CITY and CONSULTANT may at any time mutually agree to add new position titles, rates, and adjust listed rates so long as the changes do not increase the not to exceed amount as noted in Section 4.
CONSULTANT’s schedule of rates is as follows:
Principal/Partner $260/hour
Planning Director $230/hour
Principal Planner/Planning Manager $195/hour
Economic Development Director $230/hour
Public Policy Manager $225/hour
Chief Building Official $170/hour
Senior Planner/Project Manager $170/hour
Housing Services Consultant $170/hour
Associate Planner $140/hour
Assistant Planner $130/hour
Planning Technician $100/hour
Marketing Specialist/Graphic Designer $100/hour
Administrative Specialist $90/hour
Subconsultant Contracts Direct Billing + 10% oversight fee Rates subject to adjustment January 1st of each year (typically 3-7% increase)
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EXHIBIT D
INSURANCE REQUIREMENTS
CONSULTANTS TO THE CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, SHALL FOR THE TERM OF THE
CONTRACT OBTAIN AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW, AFFORDED BY COMPANIES WITH AM BEST’S KEY RATING OF A -:VII, OR HIGHER, LICENSED OR AUTHORIZED TO TRANSACT INSURANCE BUSINESS IN THE STATE OF CALIFORNIA.
AWARD IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS AS SPECIFIED HEREIN.
REQUIRED TYPE OF COVERAGE REQUIREMENT
MINIMUM LIMITS
EACH
OCCURRENCE AGGREGATE
YES
YES
WORKER’S COMPENSATION
EMPLOYER’S LIABILITY
STATUTORY
STATUTORY STATUTORY STATUTORY
YES
GENERAL LIABILITY, INCLUDING
PERSONAL INJURY, BROAD FORM
PROPERTY DAMAGE BLANKET
CONTRACTUAL, AND FIRE LEGAL
LIABILITY
BODILY INJURY
PROPERTY DAMAGE
BODILY INJURY & PROPERTY
DAMAGE COMBINED.
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
YES
AUTOMOBILE LIABILITY,
INCLUDING ALL OWNED, HIRED,
NON-OWNED
BODILY INJURY
- EACH PERSON
- EACH OCCURRENCE
PROPERTY DAMAGE
BODILY INJURY AND PROPERTY
DAMAGE, COMBINED
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
YES
PROFESSIONAL LIABILITY,
INCLUDING, ERRORS AND
OMISSIONS, MALPRACTICE (WHEN
APPLICABLE), AND NEGLIGENT
PERFORMANCE
ALL DAMAGES $1,000,000
YES
THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: CONSULTANT, AT ITS SOLE COST
AND EXPENSE, SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND EFFECT THROUGHOUT THE ENTIRE TERM
OF ANY RESULTANT AGREEMENT, THE INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY CONSULTANT AND ITS SUBCONSULTANTS, IF ANY, BUT ALSO, WITH THE EXCEPTION OF WORKERS’ COMPENSATION, EMPLOYER’S LIABILITY AND PROFESSIONAL INSURANCE, NAMING AS ADDITIONAL INSUREDS CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES.
I. INSURANCE COVERAGE MUST INCLUDE:
A. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR CONSULTANT’S AGREEMENT TO INDEMNIFY CITY.
II. THE CONSULTANT MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE
III. ENDORSEMENT PROVISIONS WITH RESPECT TO THE INSURANCE AFFORDED TO ADDITIONAL INSUREDS:
A. PRIMARY COVERAGE
WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED,
INSURANCE AS AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR
CONTRIBUTING WITH ANY OTHER INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSUREDS.
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B. CROSS LIABILITY
THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER
THE POLICY SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE
INSURED AGAINST ANOTHER, BUT THIS ENDORSEMENT, AND THE NAMING OF MULTIPLE
INSUREDS, SHALL NOT INCREASE THE TOTAL LIABILITY OF THE COMPANY UNDER THIS POLICY.
C. NOTICE OF CANCELLATION
1. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON
OTHER THAN THE NON-PAYMENT OF PREMIUM, THE CONSULTANT SHALL PROVIDE CITY AT LEAST A THIRTY (30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.
2. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON-PAYMENT OF PREMIUM, THE CONSULTANT SHALL PROVIDE CITY AT LEAST A TEN (10) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.
EVIDENCE OF INSURANCE AND OTHER RELATED NOTICES ARE REQUIRED TO BE FILED WITH THE CITY OF PALO ALTO TO THE FOLLOWING EMAIL:
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City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Transportation
Meeting Date: February 26, 2024
Report #:2402-2625
TITLE
Approval of Professional Services Contract with Ecology Action for a Not-to-Exceed Amount of $139,968 for City of Palo Alto Safe Routes to School Spring/Fall Programming; CEQA status – categorically exempt (educational program).
RECOMMENDATION
Approve and authorize the City Manager to execute a Professional Services Contract with Ecology Action for a Not-to-Exceed Amount of $139,968 for City of Palo Alto Safe Routes to School Spring/Fall Programming.
EXECUTIVE SUMMARY
The vendor will provide comprehensive pedestrian and bicycle safety education to approximately 3,400 Palo Alto Unified School District (PAUSD) students utilizing best practices in terms of age of students, diversity of teaching methods, and course content. The vendor will be responsible for modifying curriculum and teaching techniques to meet the needs of 12 elementary schools. Activities include:
· Kindergarten, First Grade, & Fifth Grade Safety Education Grade Level Assemblies · Second Grade Pedestrian Education Walking Field Trips · Third Grade Bicycle Rodeo Support
BACKGROUND
Every year, the Safe Routes to School program contracts with several vendors who use largely City-developed curriculum to provide pedestrian and bicycle safety education in the Palo Alto Unified School District. This one-year trial of a single-vendor procurement for Safe Routes education services will allow City staff to reduce the amount of time spent procuring and managing multiple contracts so that staff resources can be spent more efficiently to improve locally-developed curriculum, program quality, and reach.
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ANALYSIS
The City published the Request for Proposals (RFP) on January 23, 2024. The City received one responsive proposal from Ecology Action.
Table #1: Summary of RFP Process
RFP Name/Number
Safe Routes to School Programming
RFP No. 189849
Request for Proposals Issued December 29, 2023
Proposals Due January 23, 2024
Number of Firms Notified 175
Number of Firms Notified Directly 3
Number of RFP Downloads 11
Total Days to Respond to RFP 25
Number of Proposals Received 1
Public Link to Solicitation https://procurement.opengov.com/portal/palo- alto-ca/projects/73897
Proposal Price Range $139,968
An evaluation committee comprised of three Office of Transportation City Staff that carefully reviewed firm qualifications and submittals in response to the criteria identified in the RFP. The City’s RFP criteria focused on the quality of the proposal; the quality, performance and effectiveness of the services to be provided by the contractor; and the contractor's experience, including the experience of staff to be assigned to the project, with engagements of similar scope and complexity.
The City received one bid under the proposed budget, and the evaluation committee identified that the preferred service provider was sufficiently qualified to conduct the work. Based on this approach, staff recommends contracting with Ecology Action, who provided a comprehensive approach to the scope of work, demonstrated a clear understanding of Palo Alto and its needs, has extensive experience working with Bay Area communities on developing Safe Routes to School Programs, is under budget, and provides exceptional project management.
The scope of work of Ecology Action includes the following tasks, to be completed within 5- months, beginning when the contract is executed, anticipated for February 2024:
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Table # 2: Scope of Work Summary
Program Description
2024
Season
Quantity
Requested
Minutes
per Class/
Assembly
Kindergarten
Pedestrian
Education Assembly
30-minute gradewide
assembly teaching pedestrian
safety skills
Spring 12 30
First Grade
Pedestrian
Education Assembly
30-minute gradewide
assembly teaching pedestrian
safety skills
Spring 12 30
Second Grade
Pedestrian
Education Walking
Field Trip
Create & conduct a 60-
minute classroom-based
Walking Field Trip activity to
give students a real-world
exercise in street crossing
safety
Spring 36 45
Third Grade Bike
Rodeo Scanning and
Intersection Station
Leadership
3 staff manage both student
and volunteer participation
for Scanning & Intersection
Stations 1 & 2
Fall 12 120
Fifth Grade Bike
Safety Education
Assembly-style PowerPoint
for 45-70 students
Spring 12 60
POLICY IMPLICATIONS
Safe Routes to School Educational Programming improves the quality of active transportation options, takes into consideration important community feedback about the safety of student cyclists, is part of a key City program supporting Comprehensive Plan and Sustainability and Climate Action Plan goals, and is the foundation of more than 30 years of increasing student walking and bicycling to school.
This program is consistent with key transportation goals in the City’s Comprehensive Plan 2030, including creating a sustainable transportation system, reducing congestion, and providing a safe environment for all road users. Specific policies and programs include:
Policy T-1.16: Promote personal transportation vehicles as an alternative to cars (e.g. bicycles, skateboards, roller blades) to get to work, school, shopping, recreational facilities and transit stops.
Program T6.1.2: Develop, distribute, and aggressively promote maps and apps showing safe routes to work, shopping, community services, parks and schools within Palo Alto in Item 10
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collaboration with stakeholders, including PAUSD, major employers, TMA's, local businesses and community organizations.
Policy T-6.2: Pursue the goal of zero severe injuries and roadway fatalities on Palo Alto city streets.
Policy T-6.4: Continue the Safe Routes to School partnership with PAUSD and the Palo Alto Council of PTAs.
Policy T-6.5: Support PAUSD adoption of standard Safe Routes to School policies and regulations that address the five E's of education, encouragement, enforcement, engineering and evaluation.
Program T6.6.2: Continue to provide educational programs for children and adults, in partnership with community-based educational organizations, to promote safe walking and the safe use of bicycles, including the City-sponsored bicycle education programs in the public schools and the bicycle traffic school program for juveniles. Program T6.6.3: Work with PAUSD and employers to promote roadway safety for all users, including motorized alternatives to cars and bikes such as mopeds and ebikes, through educational programs for children and adults.
FISCAL/RESOURCE IMPACT
This agreement with Ecology Action is in the amount of $139,968. The FY 2024 Amended Operating Budget has sufficient funding to cover the cost of this contract with no additional budgetary action required.
STAKEHOLDER ENGAGEMENT
The City provided the public procurement process through its eProcurement platform and notified 175 firms to encourage participation. Of those notified, 11 downloaded the proposal documents and three were notified directly.
Safe Routes to School programming events will be organized with Ecology Action acting as a scheduling liaison with the PAUSD site administrators, secretaries, teachers, District staff, and parents. Once scheduled, Ecology Action staff will be deployed to conduct in-school educational programming. Teacher evaluations will be completed on-site for each lesson.
ENVIRONMENTAL REVIEW
This program is exempted under California Environmental Quality Act (CEQA) regulation 15322 (Educational or Training Programs Involving No Physical Changes).
ATTACHMENTS
Attachment A: Contract with Ecology Action; Contract C24189849 APPROVED BY:
Philip Kamhi, Chief Transportation Official
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Item 10 Staff Report
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CITY OF PALO ALTO CONTRACT NO. C24189849
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE CITY OF PALO ALTO AND ECOLOGY ACTION OF SANTA CRUZ
This Agreement for Professional Services (this “Agreement”) is entered into as of the 12th day of February, 2024 (the “Effective Date”), by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and Ecology Action of Santa Cruz, a California corporation located at 877 Cedar Street, Suite 240, Santa Cruz, CA 95060 (“CONSULTANT”).
The following recitals are a substantive portion of this Agreement and are fully incorporated herein by this reference:
RECITALS
A. CITY intends to provide safety education ( the “Project”) and desires to engage a consultant to create bike and pedestrian safety curriculum for K through 5 th grade, in connection with the Project (the “Services”, as detailed more fully in Exhibit A).
B. CONSULTANT represents that it, its employees and subconsultants, if any, possess the necessary professional expertise, qualifications, and capability, and all required licenses and/or certifications to provide the Services.
C. CITY, in reliance on these representations , desires to engage CONSULTANT to provide the Services as more fully described in Exhibit A, entitled “SCOPE OF SERVICES”.
NOW, THEREFORE, in consideration of the recitals, covenants, terms, and conditions, in this Agreement, the parties agree as follows:
SECTION 1. SCOPE OF SERVICES. CONSULTANT shall perform the Services described in Exhibit A in accordance with the terms and conditions contained in this Agreement. The performance of all Services shall be to the reasonable satisfaction of CITY.
Optional On-Call Provision (This provision only applies if checked and only applies to on-call agreements.)
CITY may elect to, but is not required to, authorize on- call Services up to the maximum compensation amount set forth in Section 4 (Not to Exceed Compensation).
CONSULTANT shall provide on- call Services only by advanced, written authorization from CITY as detailed in this Section. On -call Services, if any, s hall be authorized by CITY, as needed, with a Task Order assigned and appro ved by CITY’s Project Manager, as identified in Section 13 (Project Management). Each Task Order shall be in substantially the same form as Exhibit A -1 entitled “PROFESSIONAL SERVICES TASK ORDER”.
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Each Task Order shall contain a specific scope of s ervices, schedule of performance and maximum compensation amount, in accordance with the provisions of this Agreement.
Compensation for on-call Services shall be specified by CITY in the Task Order, based on whichever is lowest: the compensation structure set forth in Exhibit C, the hourly rates set forth in Exhibit C-1, or a negotiated lump sum.
To accept a Task Order, CONSULTANT shall sign the Task Order and return it to CITY’s Project Manager within the time specified by the Project Manager, and upon authorization by CITY (defined as counter-signature by the CITY Project Manager), the fully executed Task Order shall become part of this Agreement. The cumulative total compensation due to CONSULTANT for all Task Orders issued under this Agreement shall not e xceed the amount of compensation set forth in Section 4. CONSULTANT shall only be compensated for on -call Services performed under an authorized Task Order and only up to the maximum compensation amount set forth in Section 4. Performance of and payment for any on-call Services are subject to all requirements and restrictions in this Agreement.
SECTION 2. TERM.
The term of this Agreement shall be from the date of its full execution through December 31, 2024 unless terminated earlier pursuant to Section 19 (Termination) of this Agreement.
SECTION 3. SCHEDULE OF PERFORMANCE. Time is of the essence in the performance of Services under this Agreement. CONSULTANT shall complete the Services within the term of this Agreement and in accordance with the schedule set forth in Exhibit B, entitled “SCHEDULE OF PERFORMANCE”. Any Services for which times for performance are not specified in this Agreement shall be commenced and completed by CONSULTANT in a reasonab ly prompt and timely manner based upon the circumstances and direction communicated to the CONSULTANT.
CITY’s agreement to extend the term or the schedule for performance shall not preclude recovery of damages for delay if the extension is required due to the fault of CONSULTANT.
SECTION 4. NOT TO EXCEED COMPENSATION. The compensation to be paid to CONSULTANT for performance of the Services shall be based on the compensation structure detailed in Exhibit C, entitled “COMPENSATION,” including any reimbursable expenses specified therein, and the maximum total compensation shall not exceed One Hundred Thirty- Nine Thousand, Nine Hundred Sixty-Eight Dollars ($139,968). The hourly schedule of rates, if applicable, is set out in Exhibit C-1, entitled “SCHEDULE OF RATES.” Any work performed or expenses incurred for which payment would result in a total exceeding the maximum compensation set forth in this Section 4 shall be at no cost to the CITY.
Optional Additional Services Provision (This provision applies only if checked and a not-to-exceed compensation amount for Additional Services is allocated below under this Section 4.)
In addition to the not-to-exceed compensation specified above, CITY has set aside the not- to-exceed compensation amount of D ollars ($ ) for the performance of Additional Services ( as defined below). The total compensation for performance of the Services, Additional Services and any reimbursable expenses specified in Exhibit C, shall not exceed Dollars ($ ) , as detailed in Exhibit C.
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“Additional Services” means any work that is determined by CITY to be necessary for the proper completion of the Project, but which is not included within the Scope of Services described at Exhibit A. CITY may elect to, but is not required to, authorize Additional Services up to the maximum amount of compensation set forth for Additional S ervices in this Section 4. CONSULTANT shall provide Additional Services only by advanced, written authorization from CITY as detailed in this Section . Additional Services, if any, shall be authorized by CITY with a Task Order assigned and authorized by CITY’s Project Manager, as identified in Section 13 (Project Management). Each Task Order shall be in substantially the same form as Exhibit A-1, entitled “PROFESSIONAL SERVICES TASK ORDER”. Each Task Order shall contain a specific scope of services, schedule of performance and maximum compensation amount, in accordance with the provisions of this Agreement. Compensation for Additional Services shall be specified by CITY in the Task Order, based on whichever is lowest: the compensation structure set forth in Exhibit C, the hourly rates set forth in Exhibit C-1, or a negotiated lump sum.
To accept a Task Order, CONSULTANT shall sign the Task Order and return it to CITY’s Project Manager within the time specified by the Project Manager, and upon authorization by CITY (defined as counter-signature by the CITY Project Manager), the fully executed Task Order shall become part of this Agreement. The cumulative total compensation to CONSULTANT for all Task Orders authorized under this Agreement shall not exceed the amount of compensation set forth for Additional Services in this Section 4 .
CONSULTANT shall only be compensated for Additional Services performed under an authorized Task Order and only up to the maximum amount of compensation set forth for Additional Services in this Section 4. Performance of and payment for any Additional Services are subject to all requirements and restrictions in this Agreement.
SECTION 5. INVOICES. In order to request payment, CONSULTANT shall submit quarterly invoices to the CITY describing the S ervices performed and the applicable charges (including, if applicable, an identification of personnel who performed the Services, hours worked, hourly rates, and reimbursable expenses), based upon Exhibit C or, as applicable, CONSULTANT’s schedule of rates set forth in Exhibit C-1. If applicable, the invoice shall also describe the percentage of completion of each task. The information in CONSULTANT’s invoices shall be subject to verification by CITY. CONSULTANT shall send all invoices to CITY’s Project Manager at the address specified in Section 13 (Project Management) below. CITY will generally process and pay invoices within thirty (30) days of receipt of an acceptable invoice.
SECTION 6. QUALIFICATIONS/STANDARD OF CARE. All Services shall be performed by CONSULTANT or under CONSULTANT’s supervision. CONSULTANT represents that it , its employees and subcontractors, if any, possess the professional and technical personnel necessary to perform the Services required by this Agreement and that the personnel have sufficient skill and experience to perform the Services assigned to them. CONSULTANT represents that it, its employees and subcontractors, if any, have and shall maintain during the term of this Agreement all licenses, permits, qualifications, insurance and approvals of whatever nature that are legally required to perform the Services. All Services to be furnished by CONSULTANT under this A greement s hall meet the professional standard and quality that prevail among professionals in the same discipline and of similar knowledge and skill engaged in related work throughout California under the same or similar circumstances.
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SECTION 7. COMPLIANCE WITH L AWS. CONSULTANT shall keep itself informed of and in compliance with all federal, state and local laws, ordinances, regulations, and orders that may affect in any manner the Project or the performance of the Services or those engaged to perform Services u nder this Agreement , as amended from time to time . CONSULTANT shall procure all permits and licenses, pay all charges and fees, and give all notices required by law in the performance of the Services.
SECTION 8. ERRORS/OMISSIONS. CONSULTANT is solely responsible for costs, including, but not limited to, increases in the cost of Services , arising from or caused by CONSULTANT’s errors and omissions, including, but not limited to, the costs of corrections such errors and omissions, any change order markup costs, or costs arising from delay caused by the errors and omissions or unreasonable delay in correcting the errors and omissions.
SECTION 9. COST ESTIMATES. If this Agreement pertains to the design of a public works project, CONSULTANT shall su bmit estimates of probable construction costs at each phase of design submittal. If the total estimated construction cost at any submittal exceeds the CITY’s stated construction budget by ten percent (10%) or more , CONSULTANT shall make recommendations to CITY for aligning the P roject design with the budget, incorporate CITY approved recommendations, and revise the design to meet the Project budget, at no additional cost to CITY.
SECTION 10. INDEPENDENT CONTRACTOR. CONSULTANT acknowledges and agrees that CONSULTANT and any agent or employee of CONSULTANT will act as and shall be deemed at all times to be an independent contractor and shall be wholly responsible for the manner in which CONSULTANT performs the S ervices requested by CITY under this Agreement.
CONSULTANT and any agent or employee of CONSULTANT will not have employee status with CITY, nor be entitled to participate in any plans, arrangements, or distributions by CITY pertaining to or in connection with any retirement, health or other benefits that CITY may offer its employees. CONSULTANT wi ll be responsible for all obligations and payments, whether imposed by federal, state or local law, including, but not limited to, FICA, income tax withholdings, workers’ compensation, unemployment compensation, insurance, and other similar responsibilities re lated to CONSULTANT’s performance of the S ervices, or any agent or employee of CONSULTANT providing same. Nothing in this Agreement shall be construed as creating an employment or agency relationship between CITY and CONSULTANT or any agent or employee of CONSULTANT. Any terms in this Agreement referring to direction from CITY shall be construed as providing for direction as to policy and the result of CONSULTANT ’s provision of the Services only, and not as to the means by which such a result is obtained.
SECTION 11. ASSIGNMENT . The parties agree that the expertise and experience of CONSULTANT are material considerations for this Agreement. CONSULTANT shall not assign or transfer any interest in this Agreement nor the performance of any of CONSULTANT’s obligations hereunder without the prior written approval of the C ity Manager. Any purported assignment made without the prior written approval of the City Manager will be void and without effect. Subject to the foregoing, the covenants, terms, conditions and provisions of this Agreement will apply to, and will bind, the heirs, successors, executors, administrators and assignees of the parties.
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SECTION 12. SUBCONTRACTING.
Option A: No Subcontractor: CONSULTANT shall not subcontract any portion of the Services to be performed under this Agreement without the prior written authorization of the City Manager or designee. In the event CONSULTANT does subcontract any portion of the work to be performed under this Agreement, CONSULTANT shall be fully responsible for all acts and omissions of subcontractors.
Option B: Subcontracts Authorized: Notwithstanding Section 11 (Assignment) above, CITY agrees that subcontractors may be used to complete the Services. The subcon tractors authorized by CITY to perform work on this Project are:
CONSULTANT shall be responsible for directing the work of any subcontractors and for any compensation due to subcontractors . CIT Y assumes no responsibility whatsoever concerning compensation of subcontractors. CONSULTANT shall be fully responsible to CITY for all acts and omissions of subcontractors . CONSULTANT shall change or add subcontractors only with the prior written approval of the City Manager or designee.
SECTION 13. PROJECT MANAGEMENT . CONSULTANT will assign Juan Castillo, [email protected], (831) 515-1349 as the CONSULTANT’s Project Manager to have supervisory responsibility for the performance, progress, and execution of the Services and represent CONSULTANT during the day- to-day performance of the Services. If circumstances cause the substitution of the CONSULTANT’s Project Manager or any other of CONSULTANT’s key personnel for any reason, the appointment of a substitute Project Manager and the assignment of any key new or replacement personnel will be subject to the prior written approval of the CITY’s Project Manager. CONSULTANT, at CITY’s request, shall promptly remove CONSULTANT personnel who CITY finds do not perform the Services in an acceptable manner, are uncooperative, or present a threat to the adequate or timely completion of the Services or a threat to the safety of persons or property.
CITY’s Project Manager is Rose Mesterhazy, Transportation Department, 250 Hamilton Avenue, Palo Alto, CA , 94301, Telephone: (650) 329-2157. CITY’s Project Manager will be CONSULTANT’s point of contact with respect to performance, progress and execution of the Services. CITY may designate an alternate Project Manager from time to time.
SECTION 1 4. OWNERSHIP OF MATERIALS . A ll work product, including without limitation, all writings, drawings, studies, sketches, photographs, plans, reports, specifications, computations, models, recordings, data, documents, and other materials and copyright interests developed under this Agreement, in any form or media, shall be and remain the exclusive property of CITY without restriction or limitation upon their use. CONSULTANT agrees that all copyrights which arise from creation of the work product pursuant to this Agreement are vested in CITY, and CONSULTANT hereby waives and relinquishes all claims to copyright or other intellectual property rights in favor of CITY. Neither CONSULTANT nor its subcontractors, if any, shall make any of such work product available to any individual or organization without the prior written approval of the C ity Manager or designee. CONSULTANT makes no representation of the suitability of the work product for use in or application to circumstances not contemplated by the Scope of Services.
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SECTION 15. AUDITS . CONSULTANT agrees to permit CITY and its authorized representatives to audit, at any reasonable time during the term of this Agreement and for four (4) years from the date of final payment, CONSULTANT’s records pertaining to matters covered by this Agreement, including without limitation records demonstrating compliance with the requirements of Section 10 (Independent Contractor). CONSULTANT further agrees to maintain and retain accurate books and records in accordance with generally accepted accounting principles for at least four (4) years after the expiration or earlier termination of this Agreement or the completion of any audit hereunder, whichever is later.
SECTION 16. INDEMNITY.
16.1. To the fullest extent permitted by law, CONSULTANT shall indemnify, defend and hold harmless CITY, its Council members, officers, employees and agents (each an “Indemnified Party”) from and against any and all demands, claims, or liability of any nature, including death or injury to any person, property damage or any other loss, including all costs and expenses of whatever nature including attorney’s fees, experts fees, court costs and disbursements (“Claims”) resulting from, arising out of or in any manner related to performance or nonperformance by CONSULTANT, its officers, employees, agents or contractors under this Agreement, regardless of whether or not it is caused in part by an Indemnified Party.
16.2. Notwithstanding the above, nothing in this Section 16 shall be construed to require CONSULTANT to indemnify an Indemnified Party from a Claim arising from the active negligence or willful misconduct of an Indemnified Party that is not contributed to by any act of, or by any omission to perform a duty imposed by law or agreement by, CONSULTANT, i ts officers, employees, agents or contractors under this Agreement.
16.3. The acceptance of CONSULTANT’s Services and duties by CITY shall not operate as a waiver of the right of indemnification. The provisions of this Section 16 shall survive the expiration or early termination of this Agreement.
SECTION 17. WAIVERS. No waiver of a condition or nonperformance of an obligation under this Agreement is effective unless it is in writing in accordance with Section 2 9.4 of this Agreement. No delay or failure to require performance of any provision of this Agreement shall constitute a waiver of that provision as to that or any other instance. Any waiver granted shall apply solely to the specific instance expressly stated. No single or partial exercise of any right or remedy will preclude any other or further exercise of any right or remedy.
SECTION 18. INSURANCE.
18.1. CONSULTANT, at its sole cost and expense, shall obtain and maintain, in full force and effect during the term of this Agreement, the insurance coverage described in Exhibit D, entitled “INSURANCE REQUIREMENTS”. CONSULTANT and its contractors, if any, shall obtain a policy endorsement naming CITY as an additional insured under any general liability or automobile policy or policies.
18.2. All insurance coverage required hereunder shall be provided through carriers with AM Best’s Key Rating Guide ratings of A -:VII or higher which are licensed or DocuSign Envelope ID: 1558DF16-EDE3-458B-8575-E4FA2CBEE1EF Item 10
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authorized to transact insurance business in the State of California. Any and all contractors of CONSULTANT retained to perform Services under this Agreement will obtain and maintain, in full force and effect during the term of this Agreement, identical insurance coverage, naming CITY as an additional insured under such policies as required above.
18.3. Certificates evidencing such insurance shall be filed with CITY concurrently with the execution of this Agreement. The certificates will be subject to the approval of CITY’s Risk Manager and will contain an endorsement stating that the insurance is primary coverage and will not be canceled, or materially reduced in coverage or limits, by the insurer except after filing with the Purchasing Manager thirty (30) days ’ prior written notice of the cancellation or modification. If the insurer cancels or modifies the insurance and provides less than thirty (30) days’ notice to CONSULTANT , CONSULTANT shall provide the Purchasing Manager written notice of the cancellation or modification within two (2) business days of the CONSULTANT’s receipt of such notice. CONSULTANT shall be responsible for ensuring that current certificates evidencing the insurance are provided to CITY’s Chief Procurement Officer during the entire term of this Agreement.
18.4. The procuring of such required policy or policies of insurance will not be construed to limit CONSULTANT ’s liability hereunder nor to fulfill the indemnification provisions of this Agreement. Notwithstanding the policy or policies of insurance, CONSULTANT will be obligated for the full and total amount of any damage, injury, or loss caused by or directly arising as a result of the Services performed under this Agreement, including such damage, injury, or loss arising after the Agreement is terminated or the term has expired.
SECTION 19. TERMINATION OR SUSPENSION OF AGREEMENT OR SERVICES.
19.1. The City Manager may suspend the performance of the Services, in whole or in part, or terminate this Agreement, with or without cause, by giving ten (10) days prior written notice thereof to CONSULTANT. If CONSULTANT fails to perform any of its material obligations under this Agreement, in addition to all other remedies provided under this Agreement or at law, the City Manager may terminate this Agreement sooner upon written notice of termination. Upon receipt of any notice of suspension or termination , CONSULTANT will discontinue its performance of the Services on the effective date in the notice of suspension or termination.
19.2. In event of suspension or termination, CONSULTANT wi ll deliver to the City Manager on or before the effective date in the notice of suspension or termination, any and all work product, as detailed in Section 14 (Ownership of Materials), whether or not completed, prepared by CONSULTANT or its contractors, if any, in the performance of this Agreement. Such work product is the property of CITY, as detailed in Section 14 (Ownership of Materials).
19.3. In event of suspension or termination, CONSULTANT will be paid for the Services rendered and work products delivered to CITY in accordance with the Scope of Services up to the effective date in the notice of suspension or termination; provided, however, if this Agreement is suspended or terminated on account of a default by CONSULTANT, CITY will be obligated to compensate CONSULTANT only for that portion of CONSULTANT’s S ervices provided in material conform ity with this Agreement as such determination is made by the City Manager acting in the reasonable exercise of his/her discretion . The following Sections will DocuSign Envelope ID: 1558DF16-EDE3-458B-8575-E4FA2CBEE1EF Item 10
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survive any expiration or termination of this Agreement: 14, 15, 16, 17, 19.2, 19.3, 19.4, 20, 25, 27, 28, 29 and 30.
19.4. No payment, partial payment, acceptance, or partial acceptance by CITY will operate as a waiver on the part of CITY of any of its rights under this Agreement, unless made in accordance with Section 17 (Waivers).
SECTION 20. NOTICES.
All notices hereunder will be given in writing and mailed, postage prepaid, by certified mail, addressed as follows:
To CITY: Office of the City Clerk
City of Palo Alto
Post Office Box 10250
Palo Alto, CA 94303
With a copy to the Purchasing Manager
To CONSULTANT: Attention of the P roject Manager at the address of CONSULTANT recited on the first page of this Agreement.
CONSULTANT shall provide written notice to CITY of any change of address.
SECTION 21. CONFLICT OF INTEREST.
21.1. In executing this Agreement, CONSULTANT covenants that it presently has no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the Services.
21.2. CONSULTANT further covenants that, in the performance of this Agreement, it will not employ subcontractors or other persons or parties having such an interest.
CONSULTANT certifies that no person who has or will have any financial interest under this Agreement is an officer or employee of CITY; this provision will be interpreted in accordance with the applicable provisions of the Palo Alto Municipal Code and the Government Code of the State of California, as amended from time to time. CONSULTANT agrees to notify CITY if any conflict arises.
21.3. If the CONSULTANT meets the definition of a “Consultant” as defined by the Regulations of the Fair Political Practices Commission, CONSULTANT will file the appropriate financial disclosure documents required by the Palo Alto Municipal Code and the Political Reform Act of 1974, as amended from time to time.
SECTION 22. NONDISCRIMINATION; COMPLIANCE WITH ADA.
22.1. As set forth in Palo Alto Municipal Code S ection 2.30.510, as amended from time to time, CONSULTANT certifies that in the performance of this Agreement, it shall not discriminate in the employment of any person due to that person’s race, skin color, gender, gender DocuSign Envelope ID: 1558DF16-EDE3-458B-8575-E4FA2CBEE1EF Item 10
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identity, age, religion, disability, national origin, ancestry, sexual orientation, pregna ncy, genetic information or condition, housing status, marital status, familial status, weight or height of such person. CONSULTANT acknowledges that it has read and understands the provisions of Section
2.30.510 of the Palo Alto Municipal Code relating to Nondiscrimination Requirements and the penalties for violation thereof, and agrees to meet all requirements of Section 2.30.510 pertaining to nondiscrimination in employment.
22.2. CONSULTANT understands and agrees that pursuant to the Americans Disabilities Act (“ADA”), programs, services and other activities provided by a public entity to the public, whether directly or through a contractor or subcontractor, are required to be accessible to the disabled public. CONSULTANT will provide the Services specified in this Agreement in a manner that complies with the ADA and any other applicable federal, state and local disability rights laws and regulations, as amended from time to time. CONSULTANT will not discriminate against persons with disabilities in the provision of services, benefits or activities provided under this Agreement.
SECTION 23. ENVIRONMENTALLY PREFERRED PURCHASING AND ZERO WASTE REQUIREMENTS. CONSULTANT shall comply with t he CITY’s Environmentally Preferred Purchasing policies which are available at CITY ’s Purchasing Department , hereby incorporated by reference and as amended from time to time. CONSULTANT shall comply with waste reduction, reuse, recycling and disposal requirements of CITY’s Zero Waste Program. Zero Waste best practices include, first, minimizing and reducing waste; second, reusing waste ; and, third, recycling or composting waste. In particular, C ONSULTANT shall comply with the following Zero Waste requirements:
(a) All printed materials provided by CONSULTANT to C ITY generated from a personal computer and printer including but not limited to, proposals, quotes, invoices, reports, and public education materials, shall be double-sided and printed on a minimum of 30% or greater post-consumer content paper, unless otherwise approved by CITY ’s Project Manager. Any submitted materials printed by a professional printing company shall be a minimum of 30% or greater post-consumer material and printed with vegetable-based inks. (b) Goods purchased by C ONSULTANT on behalf of CITY shall be purchased in accordance with CITY’s Environmental Purchasing Policy including but not limited to Extended Producer Responsibility requirements for products and packaging. A copy of this policy is on file at the Purchasing Department’s office.
(c) Reusable/returnable pallets shall be taken back by CONSULTANT , at no additional cost to CITY, for reuse or recycling. CONSULTANT shall provide documentation from the facility accepting the pallets to verify that pallets are not being disposed.
SECTION 24. COMPLIANCE WITH PALO ALTO MINIMUM WAGE ORDINANCE .
CONSULTANT shall comply with all requirements of the Palo Alto Municipal Code Chapter 4.62 (Citywide Minimum Wage), as amended from time to time. In par ticular, for any employee otherwise entitled to the State minimum wage, who performs at least two (2) hours of work in a calendar week within the geographic boundaries of the City, CONSULTANT shall pay such employees no less than the minimum wage set forth in Palo Alto Municipal Code Section 4.62.030 for each hour worked within the geographic boundaries of the City of Palo Alto. In addition, CONSULTANT shall post notices regarding the Palo Alto Minimum Wage Ordinance in accordance with Palo Alto Municipal Code Section 4.62.060.
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SECTION 25. NON-APPROPRIATION. This Agreement is subject to the fiscal provisions of the Charter of the City of Palo Alto and the Palo Alto Municipal Code, as amended from time to time. This Agreement will terminate without any penalty (a) at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year, or (b) at any time within a fiscal year in the event that funds are only appropriated for a portion of the fiscal year and funds for this Agreement are no longer available. This S ection shall take precedence in the event of a conflict with any other covenant, term, condition, or provision of this Agreement.
SECTION 2 6. PREVAILING WAGES AND DIR REGISTRATION FOR PUBLIC WORKS CONTRACTS.
26.1. This Project is not subject to prevailing wages and related requirements. CONSULTANT is not required to pay prevailing wages and meet related requirements under the California Labor Code and California Code of Regulations in the performance and implementation of the Project if the contract:
(1) is not a public works contract;
(2) is for a public works construction project of $25,000 or less, per California Labor Code Sections 1782(d)(1), 1725.5(f) and 1773.3(j); or (3) is for a public works alteration, demolition, repair, or maintenance project of $15,000 or less, per California Labor Code Sections 1782(d)(1), 1725.5(f) and 1773.3(j).
This Project is not a 9204 Public Works Project.
SECTION 28. CONFIDENTIAL INFORMATION.
28.1. In the performance of this Agreement, CONSULTANT may have access to CITY’s Confidential Information (defined below). CONSULTANT will hold Confidential Information in strict confidence, not disclose it to any third party, and will use it only for the performance of its obligations to CITY under this Agreement and for no other purpose.
CONSULTANT will maintain reasonable and appropriate administrative, technical and physical safeguards to ensure the security, confidentiality and integrity of the Confidential Information.
Notwithstanding the foregoing, CONSULTANT may disclose Confidential Information to its employees, agents and subcontractors, if any, to the extent they have a need to know in order to perform CONSULTANT’s obligations to CITY under this Agreement and for no other purpose, provided that the CONSULTANT informs them of, and requires them to follow, the confidentiality and security obligations of this Agreement.
28.2. “Confidential Information” means all data, information (including without limitation “Personal Information” about a California resident as defined in Civil Code S ection 1798 et seq., as amended from time to time) and materials, in any form or media, tangib le or intangible, provided or otherwise made available to CONSULTANT by CITY, directly or indirectly, pursuant to this Agreement. Confidential Information excludes information that CONSULTANT can show by appropriate documentation: (i) was publicly known at the time it was provided or has subsequently become publicly known other than by a breach of this Agreement; (ii) was rightfully in CONSULTANT’s possession free of any obligation of confidence prior to receipt of Confidential Information; (iii) is rightfu lly obtained by DocuSign Envelope ID: 1558DF16-EDE3-458B-8575-E4FA2CBEE1EF Item 10
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CONSULTANT from a third party without breach of any confidentiality obligation; (iv) is independently developed by employees of CONSULTANT without any use of or access to the Confidential Information; or (v) CONSULTANT has written consent to disclose signed by an authorized representative of CITY.
28.3. Notwithstanding the foregoing, CONSULTANT may disclose Confidential Information to the extent required by order of a court of competent jurisdiction or governmental body, provided that CONSULTANT will notify CITY in writing of such order immediately upon receipt and prior to any such disclosure (unless CONSULTANT is prohibited by law from doing so), to give CITY an opportunity to oppose or otherwise respond to such order.
28.4. CONSULTANT will notify City promptly upon learning of any breach in the security of its systems or unauthorized disclosure of, or access to, Confidential Information in its possession or control, and if such Confidential Information consists of Personal Information, CONSULTANT will provide information to CITY sufficient to meet the notice requirements of Civil Code Section 1798 et seq., as applicable, as amended from time to time.
28.5. Prior to or upon termination or expiration of this Agreement, CONSULTANT will honor any request from the CITY to return or securely destroy all copies of Confidential Information. All Confidential Information is and will remain the property of the CITY and nothing contained in this Agreement grants or confers any rights to such Confi dential Information on CONSULTANT.
28.6. If selected in Section 30 (Exhibits), this Agreement is also subject to the terms and conditions of the Information Privacy Policy and Cybersecurity Terms and Conditions.
SECTION 29. MISCELLANEOUS PROVISIONS.
29.1. This Agreement will be governed by California law, without regard to its conflict of law provisions.
29.2. In the event that an action is brought, the parties agree that trial of such action will be vested exclusively in the state courts of California in the County of Santa Clara, State of California.
29.3. The prevailing party in any action brought to enforce the provisions of this Agreement may recover its reasonable costs and attorneys’ fees expended in connection with that action. The prevailing party shall be entitled to recover an amount equal to the fair market value of legal services provided by attorneys employed by it as well as any attorneys’ fees paid to third parties.
29.4. This Agreement, including all exhibits, constitutes the entire and integrated agreement between the parties with respect to the subject matter of this Agreement, and supersedes all prior agreements, negotiations, representations, statements and undertakings , either oral or written. This Agreement may be amended only by a written instrument, which is signed by the authorized representatives of the parties and approved as required under Palo Alto Municipal Code, as amended from time to time.
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29.5. If a court of competent jurisdiction finds or rules that any provision of this Agreement is void or unenforceable, the unaffected provisions of this Agreement will remain in full force and effect.
29.6. In the event of a conflict between the terms of this Agreement and the exhibits hereto (per Section 30) or CONSULTANT’s proposal (if any), the Agreement shall control. In the event of a conflict between the exhibits hereto and CONSULTANT’s proposal (if any), the exhibits shall control.
29.7. The provisions of all checked boxes in this Agreement shall apply to this Agreement; the provisions of any unchecked boxes shall not apply to this Agreement.
29.8. All section headings contained in this Agreement are for convenience and reference only and are not intended to define or limit the scope of any provision of this Agreement.
29.9. This Agreement may be signed in multiple counterparts, which, when executed by the authorized representatives of the parties, shall together constitute a single binding agreement.
SECTION 30. EXHIBITS. Each of the following exhibits, if the check box for such exhibit is selected below, is hereby attached and incorporated into this Agreement by reference as though fully set forth herein:
EXHIBIT A: SCOPE OF SERVICES
EXHIBIT B: SCHEDULE OF PERFORMANCE
EXHIBIT C: COMPENSATION
EXHIBIT D: INSURANCE REQUIREMENTS
THIS AGREEMENT IS NOT COMPLETE UNLESS ALL SELECTED EXHIBITS ARE ATTACHED.
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CONTRACT No. C24189849 SIGNATURE PAGE
IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives executed this Agreement as of the date first above written.
CITY OF PALO ALTO
____________________________
City Manager
APPROVED AS TO FORM:
__________________________
City Attorney or designee
ECOLOGY ACTION OF SANTA CRUZ
Officer 1
By:
Name:
Title:
Officer 2
By:
Name:
Title:
DocuSign Envelope ID: 1558DF16-EDE3-458B-8575-E4FA2CBEE1EF Juan Castillo
Sr. Program Specialist
Kira Ticus
Budget and Operations Analyst
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EXHIBIT A
SCOPE OF SERVICES
CONSULTANT shall provide the Services detailed in this Exhibit A, entitled “SCOPE OF SERVICES”. Notwithstanding any provision herein to the contrary, CONSULTANT’s duties and services described in this Scope of Services shall not include preparing or assisting CITY with any portion of CITY’s preparation of a request for proposals, request for qualifications, or any other solicitation regarding a subsequent or additional contract with CITY. CITY shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this project. CONSULTANT’s participation in the planning, discussions, or drawing of project plans or specifications shall be limited to conceptual, preliminary, or initial plans or specifications. CONSULTANT shall cooperate with CITY to ensure that all bidders for a subsequent contract on any subsequent phase of this project have access to the same information, including all conceptual, preliminary, or initial plans or specifications prepared by CONSULTANT pursuant to this Scope of Services.
This Scope of Work involves providing comprehensive pedestrian and bicycle safety education to approximately 3500 Palo Alto Unified School District (PAUSD) students utilizing best practices in terms of age of delivery, diversity of teaching methods and course content. The vendor will be responsible for modifying curriculum and teaching techniques to best adapt to meet the need of 12 elementary schools. Activities are listed below and included in the attached table.
• Kindergarten and First Grade Pedestrian Education Classroom Lessons • Second Grade Pedestrian Education Walking Field Trip
• Third Grade Bike Rodeo Scanning Station Leadership
• Fifth Grade Bike Safety Education
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EXHIBIT B
SCHEDULE OF PERFORMANCE
CONSULTANT shall perform the Services so as to complete each milestone within the number of days/weeks specified below. The time to complete each milestone may be increased or decreased by mutual written agreement of the Project Managers for CONSULTANT and CITY so long as all work is completed within the term of the Agreement. CONSULTANT shall provide a detailed schedule of work consistent with the schedule below within 2 weeks of receipt of the notice to proceed (“NTP”) from the CITY.
Milestones
Completion
Number of Days/Weeks (as specified below)
from NTP
1. Complete Kindergarten Assemblies Prior to May 3, 2024
2. Complete First Grade Assemblies Prior to May 3, 2024
3. Complete Second Grade Education Between March 4 and May 3, 2024
4. Complete 3rd Grade Bike Rodeo Support Prior to November 1, 2024
5. Complete Fifth Grade Education Between April 8 and May 3, 2024
Optional Schedule of Performance Provision for On-Call or Additional Services Agreements. (This provision only applies if checked and only applies to on- call agreements per Section 1 or agreements with Additional Services per Section 4.)
The schedule of performance shall be as provided in the approved Task Order, as detailed in Section 1 (Scope of Services) in the case of on-call Services, or as detailed in Section 4 in the case of Additional Services, provided in all cases that the schedule of performance shall fall within the term as provided in Section 2 (Term) of this Agreement.
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EXHIBIT C
COMPENSATION
CITY agrees to compensate CONSULTANT for Services performed in accordance with the terms and conditions of this Agreement, and as set forth in the budget schedule below. Compensation shall be calculated based on the rate schedule attached as E xhibit C-1 up to the not to exceed budget amount for each task set forth below.
CITY’s Project Manager may approve in writing the transfer of budget amounts between any of the tasks or categories listed below , provided that the total compensation for the Services, including any specified reimbursable expenses, and the total compensation for Additional Services (if any, per Section 4 of the Agreement) do not exceed the amounts set forth in Section 4 of this Agreement.
CONSULTANT agrees to complete all Services, any specified reimbursable expenses, and Additional Services (if any, per Section 4), within this/these amount(s). Any work performed or expenses incurred for which payment would result in a total exceeding the maximum amount of compensation set forth in this Agreement shall be at no cost to the CIT Y. In the event that public health conditions prevent in-person education, the City will pay a pro-rated fee for the number of lessons taught at $1,716 per second grade lesson/field trip, $1,666 per assembly or $1,518 per Third Grade Rodeo Staff Support.
BUDGET SCHEDULE
TASK NOT TO EXCEED AMOUNT
Task 1
Kindergarten Pedestrian Education Assemblies
$19,992
Task 2
First Grade Pedestrian Education
Assemblies
$19,992
Task 3
Second Grade Pedestrian Education
$61,776
Task 4
Third Grade Rodeo Station Support
$18,216
Task 5
Fifth Grade Bicycle Education
$19,992
Sub-total for Services $139,968
Reimbursable Expenses (if any)
Total for Services and Reimbursable Expenses $139,968
Additional Services (if any, per Section 4)
Maximum Total Compensation $139,968
REIMBURSABLE EXPENSES
CONSULTANT’S ordinary business expenses, such as administrative, overhead, administrative support time /overtime, information systems, software and hardware, DocuSign Envelope ID: 1558DF16-EDE3-458B-8575-E4FA2CBEE1EF Item 10
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photocopying, telecommunications (telephone, internet), in -house printing, insurance and other ordinary business expenses, are included within the scope of payment for Services and are not reimbursable expenses hereunder.
Reimbursable expenses, if any are specified as reimbursable under this section , will be reimbursed at actual cost. The expenses (by type, e.g. travel) for which CONSULTANT will be reimbursed are: NONE up to the not-to-exceed amount of: $0.00.
A. Travel outside the San Francisco Bay A rea, including transportation and meals, if specified as reimbursable, will be reimbursed at actual cost subject to the City of Palo Alto’s policy for reimbursement of travel and meal expenses.
B. Long distance telephone service charges, cellular phone service charges, facsimile transmission and postage charges, if specified as reimbursable, will be reimbursed at actual cost.
All requests for reimbursement of expenses, if any are specified as reimbursable under this section, shall be accompanied by appropriate backup documentation and information.
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EXHIBIT D
INSURANCE REQUIREMENTS
CONSULTANTS TO THE CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, SHALL FOR THE TERM OF THE
CONTRACT OBTAIN AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW, AFFORDED BY COMPANIES WITH AM BEST’S KEY RATING OF A-:VII, OR HIGHER, LICENSED OR AUTHORIZED TO TRANSACT INSURANCE BUSINESS IN THE STATE OF CALIFORNIA.
AWARD IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS AS SPECIFIED HEREIN.
REQUIRED TYPE OF COVERAGE REQUIREMENT
MINIMUM LIMITS
EACH
OCCURRENCE AGGREGATE
YES
YES
WORKER’S COMPENSATION
EMPLOYER’S LIABILITY
STATUTORY
STATUTORY STATUTORY STATUTORY
YES
GENERAL LIABILITY, INCLUDING
PERSONAL INJURY, BROAD FORM
PROPERTY DAMAGE BLANKET
CONTRACTUAL, AND FIRE LEGAL
LIABILITY
BODILY INJURY
PROPERTY DAMAGE
BODILY INJURY & PROPERTY
DAMAGE COMBINED.
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
YES
AUTOMOBILE LIABILITY,
INCLUDING ALL OWNED, HIRED,
NON-OWNED
BODILY INJURY
- EACH PERSON
- EACH OCCURRENCE
PROPERTY DAMAGE
BODILY INJURY AND PROPERTY
DAMAGE, COMBINED
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
YES
PROFESSIONAL LIABILITY,
INCLUDING, ERRORS AND
OMISSIONS, MALPRACTICE (WHEN
APPLICABLE), AND NEGLIGENT
PERFORMANCE
ALL DAMAGES $1,000,000
YES
THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: CONSULTANT, AT ITS SOLE COST
AND EXPENSE, SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND EFFECT THROUGHOUT THE ENTIRE TERM
OF ANY RESULTANT AGREEMENT, THE INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY
CONSULTANT AND ITS SUBCONSULTANTS, IF ANY, BUT ALSO, WITH THE EXCEPTION OF WORKERS’
COMPENSATION, EMPLOYER’S LIABILITY AND PROFESSIONAL INSURANCE, NAMING AS ADDITIONAL INSUREDS CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES.
I. INSURANCE COVERAGE MUST INCLUDE:
A. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR CONSULTANT’S AGREEMENT TO INDEMNIFY CITY.
II. THE CONSULTANT MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE AT THE FOLLOWING EMAIL: [email protected]
III. ENDORSEMENT PROVISIONS WITH RESPECT TO THE INSURANCE AFFORDED TO ADDITIONAL INSUREDS:
A. PRIMARY COVERAGE
WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED,
INSURANCE AS AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR
CONTRIBUTING WITH ANY OTHER INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSUREDS.
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B. CROSS LIABILITY
THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER
THE POLICY SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE
INSURED AGAINST ANOTHER, BUT THIS ENDORSEMENT, AND THE NAMING OF MULTIPLE
INSUREDS, SHALL NOT INCREASE THE TOTAL LIABILITY OF THE COMPANY UNDER THIS POLICY.
C. NOTICE OF CANCELLATION
1. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON
OTHER THAN THE NON-PAYMENT OF PREMIUM, THE CONSULTANT SHALL PROVIDE CITY AT LEAST A THIRTY (30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.
2. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON-PAYMENT OF PREMIUM, THE CONSULTANT SHALL PROVIDE CITY AT LEAST A TEN (10) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.
EVIDENCE OF INSURANCE AND OTHER RELATED NOTICES ARE REQUIRED TO BE FILED WITH THE CITY OF PALO ALTO SENT TO THE FOLLOWING EMAIL:
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City Council
Staff Report
Report Type: CONSENT CALENDAR
Lead Department: City Clerk
Meeting Date: February 26, 2024
Report #:2402-2631
TITLE
SECOND READING: Ordinance of the Council of the City of Palo Alto Amending Chapter 8.04 (Street, Trees, Shrubs, and Plants) and Chapter 8.10 (Tree Preservation and Management Regulations) (FIRST READING: January 16, 2024 PASSED 5-2, Lythcott-Haims, Tanaka no)
BACKGROUND
The ordinance has been amended to reflect part B of the Council’s motion. Specifically, a provision was added to Section 8.10.070 to require requests to prune trees in excess of the limits in Section 8.10.020(i) to be submitted to the urban forester fourteen days before pruning the tree with a statement explaining why pruning beyond the limits is warranted.
During passage of the tree ordinance updates in January, staff confirmed during the council questions that based on CAO analysis of PAMC Chapter 18.09, the updated Title 8 and applicable state law, the tree ordinance would not apply to stand alone Table 1 ADU’s. Staff did not recommend adding specific language to that effect at that time.
At the second reading of the tree ordinance updates, several council members expressed concern that the updated tree ordinance did not explicitly state that PAMC 18.09 Table 1 ADUs were exempt. At councils’ direction, the following proposed language has been added as 8.10.050 (b)(4) to address this:
The tree is proposed for removal to accommodate an ADU constructed pursuant to Section 18.09.030, or because removal is necessary to allow an ADU constructed pursuant to Section 18.09.040 to achieve the minimum standards set forth in state law.
ATTACHMENTS
Attachment A: Ordinance of the Council of the City of Palo Alto Amending Chapter 8.04 (Street, Trees, Shrubs, and Plants) and Chapter 8.10 (Tree Preservation and Management Regulations).
APPROVED BY:
Mahealani Ah Yun
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Ordinance No. _____
Ordinance of the Council of the City of Palo Alto Amending Chapter 8.04 (Street, Trees, Shrubs, and Plants) and Chapter 8.10 (Tree Preservation and Management Regulations).
The Council of the City of Palo Alto ORDAINS as follows:
SECTION 1. Chapter 8.04 (Street Trees, Shrubs, and Plants) of Title 8 (Trees and Vegetation) of the Palo Alto Municipal Code is hereby amended to read as follows (additions underlined and deletions struck through):
Chapter 8.04
PUBLIC TREES, SHRUBS, HEDGES, AND PLANTS
Sections:
8.04.005 Purpose.
8.04.010 Definitions.
8.04.015 Authority of city.
8.04.020 Permit required for certain work.
8.04.030 Application for permit.
8.04.040 Issuance of permit.
8.04.050 Public nuisances.
8.04.070 Enforcement.
8.04.080 Interference with enforcement.
8.04.090 Adoption of regulations.
8.04.005 Purpose.
The purpose of this chapter is to protect and promote trees, shrubs, hedges, and plants located on public property within the city. In establishing these procedures and standards, the city recognizes that trees, shrubs, hedges, and plants are an essential part of the city's infrastructure, with benefits that include promoting the health, safety, welfare, and quality of life of the residents of the city; addressing climate change by sequestering carbon and providing a cooling effect; reducing air, water, and noise pollution; preventing soil erosion and Item 11
Attachment A - Ordinance
of the Council of the City
of Palo Alto Amending
Chapter 8.04 (Street Trees
Shrubs and Plants) and
Chapter 8.10 (Tree
Preservation and
Management
Regulations)
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stormwater runoff; providing wildlife habitat; and enhancing the aesthetic environment. It is the city's intent to encourage the preservation of trees, shrubs, hedges, and plants.
8.04.010 Definitions.
For the purposes of this title, the following words shall have the meaning ascribed to them in this section:
(a) "Person" means individuals, firms, associations and corporations, and agents, employees or representatives thereof.
(b) "City" means the city of Palo Alto acting by and through its authorized representatives. (c) "Street" means and includes all land lying between the boundaries of property abutting on all public streets, boulevards, alleys, and walks.
(d) "Parks" means and includes all parks to which names have been given by action of the city council.
(e) "Public places" means and includes all grounds, other than streets or parks, owned by, leased to, or under the control of the city of Palo Alto. (f) "Tree" means and includes any woody perennial plant generally having a single main stem and commonly achieving ten feet in height.
(g) "Shrub" means and includes any woody perennial plant generally having multiple stems and commonly less than ten feet in height.
(h) "Hedge" means and includes any tree, shrub, or plant, when planted in a dense, continuous line or area, as to form a thicket or barrier. (i) "Plant" means and includes all vegetation other than trees and shrubs. (j) "Public trees, shrubs, hedges, and plants" means and includes any tree, shrub, hedge, or plant in any street, park, or public place in the city of Palo Alto. (k) "Urban forester" means public works department staff including the urban forester or their designee.
(l) "Tree permit" means a permit issued by the urban forester for one or more of the following purposes:
(1) To permit removal of a public tree.
(2) To permit public tree care, work, or treatment.
(3) To permit removal of a protected tree under 8.10.050. (4) To establish a tree preservation bond.
(5) For payment of "in-lieu" fees for required mitigation measures.
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Chapter 8.04 (Street Trees
Shrubs and Plants) and
Chapter 8.10 (Tree
Preservation and
Management
Regulations)
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8.04.015 Authority of city.
The city of Palo Alto shall have control of all public trees, shrubs, hedges, and plants now or hereafter in any street, park or public place within the city limits, and shall have the authority to plant, care for, remove, replace, and maintain such trees, shrubs, hedges, and plants.
8.04.020 Permit required for certain work.
Unless authorized by a tree permit or other city approval, no person shall do any of the following:
(a) Plant, prune, trim, shape, remove, top, or in any way damage, destroy, injure or mutilate a public tree, shrub, hedge, or plant. A tree permit is not required for a property owner, resident, or their agent to maintain shrubs, hedges, or plants located within the city right-of- way associated with their property.
(b) Fasten a sign, wire, or injurious material to any public tree, shrub, hedge, or plant. (c) Excavate any ditch or tunnel; or place concrete or other pavement within a distance of ten feet of the center of the trunk of any public tree.
8.04.030 Application for permit.
Any person desiring to do any of the work described in Section 8.04.020 may apply for a tree permit so to do. The applicant shall state the nature of the work and the location where it will be done.
8.04.040 Issuance of permit.
A tree permit shall be issued authorizing work that meets all the following conditions:
(a) Will not create, continue, or aggravate any hazardous condition, or public nuisance. (b) Will not prevent or interfere with the growth, location or planting of any approved public tree.
(c) Is consistent with the planting plan being followed by the city.
8.04.050 Public nuisances*.
Any of the following are, for the purposes hereof, defined to be public nuisances:
(a) Any dead, diseased, infested, or dying tree, shrub, hedge, or plant in any street or on any public or private property so near to any public tree, shrub, hedge, or plant as to constitute a danger to a public tree, shrub, hedge, or plant, or street, or portion thereof or public property. (b) Any tree, shrub, hedge, or plant on any private property or in any street, of a type or species that will destroy, impair, or otherwise interfere with any street improvement, sidewalk, curb, approved public tree, gutter, sewer, other public improvement, including utility mains and services, or a public tree, shrub, hedge, or plant.
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Attachment A - Ordinance
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Chapter 8.04 (Street Trees
Shrubs and Plants) and
Chapter 8.10 (Tree
Preservation and
Management
Regulations)
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(c) Any tree limb, shrub, hedge, or plant reaching a height more than three feet above the curb grade adjacent thereto, except a tree trunk having no limbs lower than nine feet above curb grade, within the thirty-five foot triangle of public or private property, measured from the projected curb lines, at the intersections of any street improved for vehicular traffic where either traffic signals, stop signs, or yield signs are not installed, or at any intersections which are determined by the chief transportation official to contain a tree limb, shrub, hedge, or plant that obscures or impairs the view of a passing motorist, cyclist or pedestrian so as to create a safety hazard.
(d) Vines or climbing plants growing into or over any public tree, shrub, hedge, or plant; or any public hydrant, pole or electrolier.
(e) Existence of any tree within the city limits that is infested or infected with objectionable insects, scale, fungus, or growths that are included in the California Department of Food and Agriculture’s detection and eradication programs or that are growth injurious to trees. (f) The existence of any branches or foliage which interfere with visibility on, free use of, access to, or obstruct public vehicular or pedestrian travel on any portion of any street improved for vehicular or pedestrian travel.
(g) Hedges or dense, thorny shrubs and plants on any street or part thereof. (h) Shrubs and plants more than two feet in height in any tree well or planting strip between the sidewalk and curb, measured above top of curb grade. (i) Any tree, shrub, hedge, or plant declared a public nuisance pursuant to state law and ordered removed by a court of competent jurisdiction.
* Abatement procedure - See Chapter 9.56 of this code.
8.04.070 Enforcement.
(a) Violation of any provision of this chapter is a misdemeanor, punishable as provided in this code. Each day of violation constitutes a separate offense and may be separately punished. (b) Persons employed in the following designated employee positions are authorized to exercise the authority provided in California Penal Code Section 836.5 and are authorized to issue citations for violations of this chapter, including but not limited to leveling fines under the city's administrative penalty authority: assistant director of public works public services division, urban forester, project manager in the urban forestry section, landscape architect, and code enforcement officer.
(c) Any person who damages a public tree, through any act or omission, whenever such act or omission is prohibited by or not authorized pursuant to this chapter, may be liable civilly in a sum not to exceed ten thousand dollars per tree, or the reproduction cost of each such tree, whichever amount is higher.
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Shrubs and Plants) and
Chapter 8.10 (Tree
Preservation and
Management
Regulations)
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(d) Injunctive relief. A civil action may be commenced to abate, enjoin, or otherwise compel the cessation of such violation.
(e) Costs. In any civil action brought pursuant to this chapter in which the city prevails, the court shall award to the city all costs of investigation and preparation for trial, the costs of trial, reasonable expenses including overhead and administrative costs incurred in prosecuting the action, and reasonable attorney fees.
(f) The remedies and penalties provided in this section are cumulative and not exclusive.
8.04.080 Interference with enforcement.
No person shall interfere with or delay the authorized representatives of the city from the execution and enforcement of this chapter, except as provided by law.
8.04.090 Adoption of regulations.
The city may adopt regulations prescribing standards of landscaping and planting of streets, parks and public places, therein. A copy of such regulations shall be available for public inspection upon request, and all work performed in streets, parks or public places shall be performed in accordance therewith.
SECTION 2
. Chapter 8.10 (Tree and Landscape Preservation Management) of Title 8 (Trees and Vegetation) of the Palo Alto Municipal Code is hereby amended to read as follows (additions
underlined and deletions struck through):
Chapter 8.10
TREE AND LANDSCAPE PRESERVATION AND MANAGEMENT*
Sections:
8.10.010 Purpose.
8.10.020 Definitions.
8.10.030 Tree and Landscape Technical Manual.
8.10.040 Disclosure of information regarding existing trees.
8.10.050 Removal of protected trees.
8.10.055 Tree replacement.
8.10.060 No limitation of authority under Titles 16 and 18.
8.10.070 Care of protected trees.
8.10.080 Development conditions.
8.10.090 Designation of heritage trees.
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Attachment A - Ordinance
of the Council of the City
of Palo Alto Amending
Chapter 8.04 (Street Trees
Shrubs and Plants) and
Chapter 8.10 (Tree
Preservation and
Management
Regulations)
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8.10.092 Tree removal in wildland- urban interface area.
8.10.095 Tree removal in Hospital District Zone.
8.10.100 Enforcement.
8.10.110 Remedies for violation.
8.10.120 Fees.
8.10.130 Severability.
8.10.140 Applications, notice, and appeals.
8.10.010 Purpose.
The purpose of this chapter is to protect specified trees located on private property within the city, and establish standards for removal, maintenance, and planting of trees and landscaping.
In establishing these procedures and standards, the city recognizes that trees and landscaping are an essential part of the city's infrastructure. Their benefits include promoting the health, safety, welfare, and quality of life of the residents of the city; addressing climate change by sequestering carbon and providing a cooling effect; reducing air, water, and noise pollution; preventing soil erosion and stormwater runoff; providing wildlife habitat; and enhancing the aesthetic environment. It is the city's intent to encourage both the preservation of trees and the proactive incorporation of trees and their benefits within development.
8.10.020 Definitions.
For the purposes of this chapter, terms defined in Chapter 8.04 shall have the same meanings in this chapter, and the following terms shall have the meaning ascribed to them in this section:
(a) "Basal flare" means that portion of a tree where there is a rapid increase in diameter at the confluence of the root crowntrunk and trunkrootcrown. (b) "Buildable area" means that area of a parcel:
(1) Upon which, under applicable zoning regulations, a structure may be built without a variance, design enhancement exception, or home improvement exception; or (2) Necessary for construction of primary access to structures located on or to be constructed on the parcel, where there exists no feasible means of access which would avoid protected trees. On single-family residential parcels, the portion of the parcel deemed to be the buildable area for primary access shall not exceed ten feet in width. (c) "Building footprint" means the two-dimensional configuration of a building's perimeter boundaries as measured on a horizontal plane at ground level.
Item 11
Attachment A - Ordinance
of the Council of the City
of Palo Alto Amending
Chapter 8.04 (Street Trees
Shrubs and Plants) and
Chapter 8.10 (Tree
Preservation and
Management
Regulations)
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(d) "Designated arborist" means an arborist certified by the International Society of Arboriculture or another nationally recognized tree research, care, and preservation organization, selected by the urban forester for inclusion in a list of approved arborists to be:
hired by:
(1) Hired by anAn applicant at their own expense, or
(2) Chosen by theThe city at an applicant's expense, if a project includes a public hearing. (e) "Development" means any work upon any property in the city which requires a subdivision, planned community zone, variance, use permit, building permit, demolition permit, or other city approval or which involves excavation, landscaping or construction within the tree protection zonedripline area of a protected tree or is subject to requirements of the California Model Water Efficient Landscape Ordinance (MWELO).
(f) "Director of planning and development services" means the director of planning and development services or their designee.
(g) "Director of public works" means the director of public works or their designee. (h) "Discretionary development approval" means planned community zone, subdivision, use permit, variance, home improvement exception, design enhancement exception, architectural review board approval, or any proposal or application that requires the discretion of the authorizing person or entity.
(i) "Dripline area" means the area defined by the projection to the ground of the outer edge of the canopy or a circle with a radius ten times the diameter of the trunk as measured four and one-half feet (fifty-four inches) above natural grade, whichever is greater. (j) "Excessive pruning" of a protected tree means any of the following:
(1) Removal of more than twenty-five percentone-fourth of the functioning leaf, stem, or root area of a tree in any twenty-four-month period.
(2) Removal of more than fifteen percent of the functioning root area of any Quercus (oak) species in any thirty-six-month period.
(3) Any removal of the functioning leaf, stem, or root area of a tree so as to cause a significant decline in health, increased risk of failure, or the unbalancing of a tree. (jk) "Hazardous" means an imminent hazard which constitutes a high or extreme threat to the safety of persons or property as defined by American National Standards Institute A300, Part 9.
(kl) "Protected" tree means any of the following:
(1) Any locally native tree of the species Acer macrophyllum (Bigleaf Maple), Calocedrus decurrens (California Incense Cedar), Quercus agrifolia (Coast Live Oak), Quercus douglasii (Blue Oak), Quercus kelloggii (California Black Oak), or Quercus lobata (Valley Oak) which is eleven Item 11
Attachment A - Ordinance
of the Council of the City
of Palo Alto Amending
Chapter 8.04 (Street Trees
Shrubs and Plants) and
Chapter 8.10 (Tree
Preservation and
Management
Regulations)
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and one-half inches in diameter (thirty-six inches in circumference) or more when measured four and one-half feet (fifty-four inches) above natural grade. (2) Any Coast Redwood tree (species Sequoia sempervirens) that is eighteen inches in diameter (fifty-seven inches in circumference) or more when measured four and one-half feet (fifty-four inches) above natural grade.
(3) Any tree, other larger than a Coast Redwood Tree, fifteen inches in diameter (forty-seven inches in circumference) or more when measured four and one-half feet (fifty-four inches) above natural grade of any species except those invasive species described as weeds in Section
8.08.010 and those species classified as high water users by the Water Use Classificationwater use classification of Landscape Speciesthe landscape species list (WUCOLS) approved by the California Department of Water Resources.
(4) Any tree designated for protection during review and approval (with the exception of a current or previously completed development project. On parcels zoned other than single- family (R-1) or low density (RE, R-2, or RMD) residential, species exempted under subsection (3) of this Section may be designated as a protected tree.Coast Redwood). (4) Any tree designated for protection during review and approval of a development project. (5) Any tree designated for carbon sequestration and storage and/or environmental mitigation purposes as identified in an agreement between the property owner and a responsible government agency or recorded as a deed restriction. (6) Any heritage tree designated by the city council in accordance with the provisions of this chapter.
(7) Any replacement mitigation tree or other tree designated to be planted due to the conditions listed in Section 8.10.055.
(lm) "Protected tree removal permit" means a permit issued to allow a person to remove a protected tree.
(m) “Right tree in the right place principles” means the set of principles that determine if a tree is located in an appropriate location for its specific species requirements and characteristics, in accordance with the factors listed in the Tree and Landscape Technical Manual.
(n) "Remove" or "removal" means:
(1) Complete removal, such as cutting to the ground or extraction, of a tree; or (2) Taking any action foreseeably leading to the death of a tree or permanent damage to its health; including but not limited to excessive pruning, cutting, topping, girdling, poisoning, overwatering, underwatering, unauthorized relocation or transportation of a tree, or trenching, excavating, altering the grade, or paving within the tree protection zonedripline area of a tree.
Item 11
Attachment A - Ordinance
of the Council of the City
of Palo Alto Amending
Chapter 8.04 (Street Trees
Shrubs and Plants) and
Chapter 8.10 (Tree
Preservation and
Management
Regulations)
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(o) “Retrenchment” means the process in which trees may reconfigure as they age and deteriorate, often continuing to grow in trunk diameter while branches die and fail. (p) "Tree Protection Zone" means the area defined by a circle with a radius ten times the diameter of the trunk when measured four and one-half feet (fifty-four inches) above natural grade.
(q) "Tree Reportreport" means a report prepared by a designated arborist. (rp) "Tree and Landscape Technical Manual" means the regulations issued by the city manager to implement this chapter.
8.10.030 Tree and Landscape Technical Manual.
The city manager, through the urban forestry section, and public works and planning and development services departments, shall issue regulations necessary for implementation and enforcement of this chapter, which shall be known as the Tree and Landscape Technical Manual. In the event of a conflict between the provisions of this Title 8 and the Tree and Landscape Technical Manual, this Title 8 shall prevail. The Tree and Landscape Technical Manual will be made readily available to the public and shall include, but need not be limited to, standards and specifications regarding the following:
(a) Protection of trees during construction.
(b) Replacement of trees allowed to be removed pursuant to this chapter where such replacements:
(1) Prioritize the use of locally native species, as listed in Section 8.10.020(l)(1), consistent with Urban Forest Master Plan Goal 2: "Re-generated native woodland and riparian landscapes as the key ecological basis of the urban forest with focus on native species and habitat;" (2) Include climate adaptive, drought tolerant, non-native species as needed to satisfy right tree in the right place principles; and
(3) Incorporate a secondary goal of net tree canopy increase on the property within fifteen years.
(c) Maintenance of protected trees (including but not limited to pruning, irrigation, and protection from disease).
(d) The format and content of tree reports required to be submitted to the city pursuant to this chapter.
(e) The criteria for determining whether a tree is hazardous within the meaning of this chapter.
(f) Landscape design, irrigation, and installation standards consistent with the city's water efficient landscape regulations.
Item 11
Attachment A - Ordinance
of the Council of the City
of Palo Alto Amending
Chapter 8.04 (Street Trees
Shrubs and Plants) and
Chapter 8.10 (Tree
Preservation and
Management
Regulations)
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8.10.040 Disclosure of information regarding existing trees. (a) Any application for development or demolition shall be accompanied by a statement by a designated arborist which discloses whether any protected trees exist on the property which is the subject of the application, and describing each such tree, its species, size, tree protection zonedripline area, and location. This requirement shall be met by including the information on plans submitted in connection with the application.
(1) Notwithstanding subsection (a), applications involving only the development of an Accessory Dwelling Unit that conforms to Section 18.09.030, Table 1, require only a statement disclosing whether any protected trees are located on the property which is the subject of the application. This statement may be completed by the applicant. (b) In addition, the location and species of anyall other tree which is four inches in diameter (e.g., thirteen inches in circumference) or more when measured four and one-half feet (fifty- four inches) above natural grade shall be shown on the plans if the tree is:
(1) On the property or trees on the property and in the adjacent public right-of-way, and is which are within thirty feet of the building footprint proposed for development, or (2) Locatedand trees located on adjacent property within thirty feet of the proposed building footprint, or
(1)(3) Close enough that its canopy overhangswith canopies overhanging the project site, shall be shown on the plans, identified by species.
(c) The director of public works or urban forester may require submittal of such other information as is necessary to further the purposes of this chapter including but not limited to photographs.
(d) Disclosure of information regarding private protected trees pursuant to this section shall not be required when the development for which the approval or permit is sought does not involve any change in an existing building footprint nor any grading, trenching, paving, or any change in landscaping which could alter water availability to established plants, hedges, shrubs, or trees.
(e) The urban forester or the designated arborist for a project shall add identified protected trees into the city's tree inventory database, and in coordination with the planning and development services departments, into city parcel reports. (f) Knowingly or negligently providing false or misleading information in response to this disclosure requirement shall constitute a violation of this chapter.
8.10.050 Removal of protected trees.
It shall be a violation of this chapter for anyone to remove or cause to be removed a protected tree, except pursuant to a protected tree removal permit issued under Section
8.10.140 consistent with the following:
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Attachment A - Ordinance
of the Council of the City
of Palo Alto Amending
Chapter 8.04 (Street Trees
Shrubs and Plants) and
Chapter 8.10 (Tree
Preservation and
Management
Regulations)
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(a) In the absence of proposed development:
(1) A protected tree shall not be removed unless the urban forester grants a protected tree removal permit, or on parcels zoned other than single-family (R-1) or low density residential (RE, R-2, or RMD), the director of planning and development services authorizes the removal through staff level architectural review pursuant to Section 18.76.020(b)(3), having determined, on the basis of a tree report prepared by a designated arborist and other relevant information, that treatments or corrective practices are not feasible, and that the tree should be removed because any of the following apply:
(i) It is dead, is hazardous, or constitutes a public nuisance under Section 8.04.050 of this code.
(ii) It is a detriment to or is crowding an adjacent protected tree. , or is impacting the foundation or eaves of a residence or any covered parking required under Title 18. (iii) It is at risk for retrenchment or other tree decline coping processes or does not conform with right tree in the right place principles.
(iv) It is impacting the foundation or eaves of a residence, or any covered parking required under Title 18 of this code.
(2) In the event a protected tree is removed pursuant to a protected tree removal permit granted under this subsection (a), a temporary moratorium on development of the subject property may be issued by the urban forester for up to twenty-four months or by, the director of planning and development services, in consultation with the urban forester, for up tomay issue a temporary moratorium on development of the subject property not to exceed thirty-six months, from the date the tree removal occurred. Completion of requiredFor any moratorium less than thirty-six months, the urban forester shall determine appropriate mitigation measures included infor the tree removal permit does not remove or shorten any such moratorium. A moratorium may be terminated early with approval of the urban forester or director of planning, and development services, as applicable, and may require additional mitigationensure measures. are incorporated into any future development approvals for the property. Mitigation measures included in the protected tree removal permit and any additional mitigation measures required to shorten a moratoriumas determined by the urban forester shall be imposed as a condition of any subsequent permits for development on the subject property. (b) In the case of any development on a single-family (R-1) or low density (RE, R-2, or RMD) residential zoned parcel, other than in connection with a subdivision, a protected tree shall not be removed unless determined by the urban forester, on the basis of a tree report prepared by a designated arborist and other relevant information, that any of the following apply:
(1) The tree is so close to the proposed development that construction would result in the death of the tree, and there is no financially feasible design alternative that would permit preservation of the tree, where financially feasible means an alternative that preserves the tree unless retaining the tree would increase project cost by more than twice the reproduction cost of the tree or ten percent of the given project valuation, whichever is greater.
Item 11
Attachment A - Ordinance
of the Council of the City
of Palo Alto Amending
Chapter 8.04 (Street Trees
Shrubs and Plants) and
Chapter 8.10 (Tree
Preservation and
Management
Regulations)
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(2) Retention of one or more trees would result in reduction of the otherwise-permissible buildable area of the lot by more than twenty-five percent, and there is no financially feasible design alternative that would allow for preservation of the tree(s). For the purposes of this subsection (a)(2), a financially feasible design alternative means a design alternative that preserves the tree(s) and would not increase the project cost by more than twice the reproduction cost of the tree(s) or ten percent of the given project valuation, whichever is greater. All tree protection zones impacting buildable area are included in the reduction of buildable area calculation. (1)(3) The tree could be removed due to the conditions listed in Section 8.10.050(a)(1)(i), (ii) or (iii) (2) The tree could be removed due to the conditions listed in Section 8.10.050(a)(1) and treatments or corrective practices are not feasible. (2)(4) The tree is proposed for removal to accommodate an ADU constructed pursuant to Section 18.09.030, or because removal is necessary to allow an ADU constructed pursuant to Section 18.09.040 to achieve the minimum standards set forth in state law. (c) In the case of development involving a proposed subdivision of land into two or more parcels, a protected tree shall not be removed unless determined by the urban forester, on the basis of a tree report prepared by a designated arborist and other relevant information, that either of the following apply:
(1) Removal is unavoidable due to restricted access to the property or deemed necessary to repair a geologic hazard (landslide, repairs, etc.), in which case only the protected tree or trees necessary to allow access to the property or repair the geologic hazard may be removed. (2) The tree could be removed due to the conditions listed in subsection (a)(1)(i), (ii), or (iii) and treatments or corrective practices are not feasible. (d) In the case of development requiring planning approval under Title 18, and not included under subsections (b) or (c), a protected tree shall not be removed unless determined by the urban forester, on the basis of a tree report prepared by a designated arborist and other relevant information, that anyeither of the following apply:
(1) Retention of one or more treesthe tree would result in reduction of the otherwise- permissible buildable area of the lot by more than twenty-five percent, and there is no financially feasible design alternative that would permit preservation of the tree(s),, where financially feasible means an alternative that preserves the tree(s) unless retaining the tree(s) would increase project cost by more than twice the reproduction cost of the tree or ten percent of the given project valuation, whichever is greater. All tree protection zones impacting buildable area are included in the reduction of buildable area calculation. (2) The tree should be removed because it is dead, hazardous, or constitutes a public nuisance under Section 8.04.050. In such cases, the tree protection zonedripline area of the removed tree, or an equivalent area on the site, shall be preserved for mitigation purposes from development of any structure.
Item 11
Attachment A - Ordinance
of the Council of the City
of Palo Alto Amending
Chapter 8.04 (Street Trees
Shrubs and Plants) and
Chapter 8.10 (Tree
Preservation and
Management
Regulations)
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(3) Discretionary development review determines that the final project follows right tree in the right place principles and would result in a net tree canopy increase on the property within fifteen years, and replacement of trees, shrubs, and plants either:
(i) Is consistent with Urban Forest Master Plan Goal 2: "Re-generated native woodland and riparian landscapes as the key ecological basis of the urban forest with focus on native species and habitat," or
(ii) Uses climate adaptive, drought tolerant species.
(e) In any circumstance other than those described in subsections (a), (b), (c), or (d), a protected tree shall not be removed unless determined by the urban forester, on the basis of a tree report prepared by a designated arborist and other relevant information, that the tree is dead, is hazardous, or constitutes a public nuisance under Section 8.04.050.
8.10.055 Tree replacement.
(a) In the event a protected tree is removed pursuant to Section 8.10.050(a)(1)(i), mitigation for the removed tree, replacement tree ratio, in lieu fees, or a combination thereof shall be determined by the urban forester, based on factors including but not limited to the species, size, location, and specific reason for removal of the protected tree, in accordance with the standards and specifications in the Tree and Landscape Technical Manual. (b) In the event a protected tree is removed pursuant to Section 8.10.050(a)(1)(ii), (iii) or (iv), (b), (c), (d), or (e), the tree removed shall be replaced in accordance with the standards and specifications in the Tree and Landscape Technical Manual, including but not limited to prioritization of locally native species, satisfaction of right tree in the right place principles, and incorporation of a secondary goal of net tree canopy increase on the property within fifteen years. The urban forester shall approve the number, species, size, and location of replacement trees.
8.10.060 No limitation of authority under Titles 16 and 18.
Nothing in this chapter limits or modifies the existing authority of the city under Title 18 to require trees, shrubs, hedges, and other plants not covered by this chapter to be identified, retained, protected, and/or planted as conditions of the approval of development. In the event of conflict between provisions of this chapter and conditions of any permit or other approval granted pursuant to Title 16 or Title 18, the more protective requirements shall prevail.
8.10.070 Care of protected trees.
(a) All owners of property containing protected trees shall follow the maintenance standards in the Tree and Landscape Technical Manual, including avoiding any action foreseeably leading to the death of a tree or permanent damage to its health; including but not limited to excessive pruning, cutting, topping, girdling, poisoning, overwatering, underwatering, unauthorized relocation or transportation of a tree, or trenching, excavating, altering the grade, or paving within the tree protection zonedripline area of a tree.
Item 11
Attachment A - Ordinance
of the Council of the City
of Palo Alto Amending
Chapter 8.04 (Street Trees
Shrubs and Plants) and
Chapter 8.10 (Tree
Preservation and
Management
Regulations)
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(b) At least seven days prior to pruning a protected tree, other than that required to remove a dead, diseased, or broken branch or branches, the property owner or their designee shall prominently post a notice on the property, in one or more locations readily visible to the public, that includes standards for pruning and a description of the tree including tree species, size, location, the date of work, and a contact phone number. The form for such notice will be available on the city's website as a printable document. Protected trees less than five years old are exempt from this provision.
(c) Any requests to exceed the limits for pruning set forth in Section 8.10.020(i) shall be submitted to the urban forester by the property owner or their designee at least fourteen days prior to pruning a protected tree. Each request shall be accompanied by a statement explaining why exceedance of the limits is warranted. No pruning that exceeds the limits set forth in Section 8.10.020(i) shall take place without the approval of the urban forester. (cd) The standards for protection of trees during construction contained in the Tree and Landscape Technical Manual shall be followed during any development on property containing trees.
(de) The urban forester shall add identified protected trees into the city's tree inventory database and, in coordination with the planning and development services departments, into city parcel reports.
8.10.080 Development conditions.
(a) Development approvals for property containing protected public trees shall include appropriate conditions as set forth in the Tree and Landscape Technical Manual, providing for the protection of such trees during construction and for maintenance of such trees thereafter.
Trees may be designated for protection that are significant visually or historically, provide screening, or are healthy and important to the nearby ecosystem. (b) It shall be a violation of this chapter for any property owner or agent of the owner to fail to comply with any development approval or building permit condition concerning preservation, protection, and maintenance of any tree, including but not limited to protected trees.
8.10.090 Designation of heritage trees.
(a) Upon nomination by any person and with the written consent of the property owner(s), the city council may designate a tree or trees as a heritage tree. (b) A tree may be designated as a heritage tree upon a finding that it is of importance to the community due to any of the following factors:
(1) It is an outstanding specimen of a desirable species. (2) It is one of the largest or oldest trees in Palo Alto. (3) It possesses distinctive form, size, age, location, and/or historical significance.
Item 11
Attachment A - Ordinance
of the Council of the City
of Palo Alto Amending
Chapter 8.04 (Street Trees
Shrubs and Plants) and
Chapter 8.10 (Tree
Preservation and
Management
Regulations)
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(c) After council approval of a heritage tree designation, the city clerk shall notify the property owner(s) in writing. A listing of trees so designated, including the specific locations thereof, shall be kept by the departments of public works. (d) Once designated, a heritage tree shall be considered protected and subject to the provisions of this chapter unless removed from the list of heritage trees by action of the city council. The city council may remove a tree from the list upon its own motion or upon written request by the property owner. Request for such action must originate in the same manner as nomination for heritage tree designation.
8.10.092 Tree removal in wildland-urban interface area.
Tree removal and relocation in the wildland-urban interface (WUI) area, as defined in Section
15.04.190, shall be subject to the provisions in Chapter 15.04. To the extent Chapter 15.04 is inconsistent with this chapter, Chapter 15.04 shall control.
8.10.095 Tree removal in Hospital District Zone.
Tree removal and relocation in the Hospital District (HD) shall be subject to the provisions in Section 18.36.070. To the extent Section 18.36.070 is inconsistent with this chapter, Section
18.36.070 shall control.
8.10.100 Enforcement.
(a) Violation of this chapter is a misdemeanor, punishable as provided in this code. Each day of violation constitutes a separate offense and may be separately punished. (b) Persons employed in the following designated employee positions are authorized to exercise the authority provided in California Penal Code Section 836.5 and are authorized to issue citations for violations of this chapter, including but not limited to leveling fines under the city's administrative penalty authority: assistant director of public works public services division, urban forester, project manager in the urban forestry section, landscape architect, and code enforcement officer.
8.10.110 Remedies for violation.
In addition to all other remedies set forth in this code or otherwise provided by law, the following remedies shall be available to the city for violation of this chapter:
(a) Stop Work - Temporary Moratorium.
(1) If a violation occurs in the absence of proposed development pursuant to Section
8.10.050(a)(1), or while an application for a building permit or discretionary development approval for the lot upon which the tree is located is pending, the director of planning and development services in consultation with the urban forester shall issue a temporary moratorium on development of the subject property, not to exceed five years from the date the violation occurred. The purpose of the moratorium is to provide the city an opportunity to study and determine appropriate mitigation measures for the tree removal, and to ensure Item 11
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Shrubs and Plants) and
Chapter 8.10 (Tree
Preservation and
Management
Regulations)
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measures are incorporated into any future development approvals for the property. Mitigation measures as determined by the urban forester shall be imposed as a condition of any subsequent permits for development on the subject property. (2) If a violation occurs during development pursuant to Section 8.10.050(b), (c), (d), or (e), the city shall issue a stop work order suspending and prohibiting further activity on the property pursuant to the grading, demolition, and/or building permit(s) (including construction, inspection, and issuance of certificates of occupancy) until a mitigation plan has been filed with and approved by the director of planning and development services in consultation with the urban forester, agreed to in writing by the property owner(s), and either implemented or guaranteed by the posting of adequate security. The mitigation plan shall include measures for protection or repair of any remaining trees on the property, and shall provide for replacement of each tree removed on the property or at locations approved by the urban forester. The replacement ratio shall be in accordance with the standards set forth in the Tree and Landscape Technical Manual, and shall be at least twice the prescribed ratio required where tree removal is permitted pursuant to the provisions of this chapter. (b) Civil penalties.
(1) As part of a civil action brought by the city, a court may assess against any person who commits, allows, or maintains a violation of any provision of this chapter a civil penalty in the following amount:
(i) Ten thousand dollars per tree, or twice the reproduction cost of each tree, whichever amount is higher, for the complete removal of a tree, as defined in Section 8.10.020(n)(1). (ii) Ten thousand dollars per tree, or the reproduction cost of each tree, whichever amount is higher, for any of the actions set forth in Section 8.10.020(n)(2). (iii) Ten thousand dollars per tree, or twice the repair cost of each tree, whichever amount is higher, for damage to a tree protected or regulated by this chapter which can be rehabilitated. (2) Penalties shall be payable to the city.
(3) Reproduction or repair cost for the purposes of this chapter shall be determined utilizing the most recent edition of the Guide for Plant Appraisal, published by the Council of Tree and Landscape Appraisers.
(c) Administrative penalties. Persons listed in Section 8.10.100(b) may issue citations for violations of this chapter that level fines under the city's administrative penalty authority. (d) Injunctive relief. A civil action may be commenced to abate, enjoin, or otherwise compel the cessation of such violation.
(e) Costs. In any civil action brought pursuant to this chapter in which the city prevails, the court shall award to the city all costs of investigation and preparation for trial, the costs of trial, reasonable expenses including overhead and administrative costs incurred in prosecuting the action, and reasonable attorney fees.
Item 11
Attachment A - Ordinance
of the Council of the City
of Palo Alto Amending
Chapter 8.04 (Street Trees
Shrubs and Plants) and
Chapter 8.10 (Tree
Preservation and
Management
Regulations)
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(f) The remedies and penalties provided in this section are cumulative and not exclusive.
8.10.120 Fees.
Tree reports required to be submitted to the city for review and evaluation pursuant to this chapter shall be accompanied by the fee prescribed therefor in the municipal fee schedule.
8.10.130 Severability.
If any provision of this chapter or the application thereof to any person or circumstance is held to be invalid by a court of competent jurisdiction, such invalidity shall not affect any other provision of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable.
8.10.140 Applications, notice, and appeals.
(a) Applications.
(1) All applications for removal of a protected tree pursuant to Section 8.10.050 shall be filed in accordance with this section and any applicable provisions of Chapter 18.77. Applications for removal of protected trees on non-residential zoned properties will follow review guidelines set forth in Section 8.10.050(d) and Section 18.76.020 and will follow the process set forth in Section 18.77.070.
(2) The application form shall be prescribed by the urban forester and shall contain a list of information that must be submitted in order for the application to be deemed complete. (3) Each application must be signed by all owners of the real property containing the protected tree, or an agent of the owner of record of the real property on which the protected tree occurs, when duly authorized by the owner in writing. (4) No application shall be deemed received until all fees for the application as set forth in the municipal fees schedule have been paid, and all documents specified as part of the application in this chapter or on the application form have been filed. (5) Protected tree removal permits shall automatically expire after twelve months, unless otherwise provided in the permit, from the date of issuance of the permit if within such twelve- month period, the proposed tree has not been removed.
(b) Notice.
(1) All applications for removal of a protected tree pursuant to Section 8.10.050 shall give notice in accordance with this section, the Tree and Landscape Technical Manual, and any applicable provisions of Chapter 18.77.
(2) After submittal of an application to remove a protected tree, notice shall be given consistent with subsection (b)(4) and shall include the date of the proposed removal and the basis for the application.
Item 11
Attachment A - Ordinance
of the Council of the City
of Palo Alto Amending
Chapter 8.04 (Street Trees
Shrubs and Plants) and
Chapter 8.10 (Tree
Preservation and
Management
Regulations)
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*NOT YET APPROVED* Attachment A
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(3) Upon determination of a protected tree removal application, notice shall be given consistent with subsection (b)(4) and shall include a description of the decision and how to appeal it.
(4) Notices required pursuant to this section shall include the address of the property, a description of the protected tree, including species, size, and location, and urban forestry contact information, and shall be given as follows:
(i) In writing to all owners and residents of property within 300 feet of the exterior boundary of the property containing the protected tree, and to all principal urban forestry partner organizations.
(ii) By posting on the property, in one or more locations visible to the public. (iii) By posting on the city's website.
(c) Appeals.
(1) Any person applying to remove a protected tree in the absence of proposed development pursuant to Section 8.10.050(a), and any owner or resident of property within 600 feet of the exterior boundary of the property containing the protected tree, may request a public hearing by the director of public works to review the urban forester's decision, and may appeal the director of public works' determination to the city council. Any such request or appeal shall be filed with the public works department in a manner prescribed by the urban forester. (2) Any person applying to remove a protected tree pursuant to Section 8.10.050(b), (c), (d), or (e), and any owner or resident of property within 600 feet of the exterior boundary of the property containing the protected tree may request a hearing by appeal the director of planning and development services to review the decision. The request for a hearing shall be filed with the planning division in in a manner prescribed by the director of planning and development services. An appeal of the director of planning and development services determination shall be conducted in accordance with the procedures set forth in Chapter 18.78. (3) All appeals must be filed within fourteen days of posting of notice on the property pursuant to subsection (b)(4)(ii).
SECTION 3
. If any section, subsection, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion or sections of the Ordinance. The Council hereby declares that it should have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, cl auses or phrases be declared invalid.
SECTION 4
. The Council finds that this ordinance is exempt from the provisions of the California Environmental Quality Act (“CEQA”), pursuant to Section 15061 of the CEQA Guidelines, because it can be seen with certa inty that there is no possibility that the ordinance will have a significant effect on the environment. Alternatively, the ordinance is also exempt Item 11
Attachment A - Ordinance
of the Council of the City
of Palo Alto Amending
Chapter 8.04 (Street Trees
Shrubs and Plants) and
Chapter 8.10 (Tree
Preservation and
Management
Regulations)
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*NOT YET APPROVED* Attachment A
19 0010_20240212_mv30
under CEQA Guidelines Section 15308 because it involves regulatory action for the protection of the environment.
SECTION 5
. This ordinance shall be effective on the thirty-first day after the date of its adoption. However, this ordinance shall not apply to any projects that have submitted a complete application as of the ordinance’s effective date. In addition, until such time as a list of designated arborists is established by the Urban Forester, the term “designated arborist” shall mean any arborist certified by the International Society of Arboriculture or another nationally recognized tree research, care, and preservation organization.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
____________________________ ____________________________ City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
____________________________ ____________________________ Assistant City Attorney City Manager
____________________________
Director of Public Works
Item 11
Attachment A - Ordinance
of the Council of the City
of Palo Alto Amending
Chapter 8.04 (Street Trees
Shrubs and Plants) and
Chapter 8.10 (Tree
Preservation and
Management
Regulations)
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City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Human Resources
Meeting Date: February 26, 2024
Report #:2402-2647
TITLE
Approval of the Appointment of Lauren Lai as the Administrative Services Director/ Chief Financial Officer
RECOMMENDATION
The City Manager recommends that the City Council approve the appointment of Lauren Lai as the Administrative Services Director/ Chief Financial Officer in alignment with Palo Alto Municipal Code (PAMC) 2.08.202.
BACKGROUND
The Palo Alto Charter and Municipal Code establish the City Manager as the appointing authority for all officers, department directors, and employees under the City Manager’s control. The Charter and Municipal Code additionally specify that appointments of department heads are subject to the approval of the Council per PAMC section 2.08.020.
The Administrative Services Director/ Chief Financial Officer oversees the financial administrative services for the City of Palo Alto whose duties are enumerated in PAMC section
2.08.150. The Administrative Services Department includes the divisions of Finance (accounting, treasury and debt management, purchasing and warehousing, and printing and mailing services); Real Estate (acquisition, disposition, lease management, and easements); and Budget and Financial Planning (budgeting, capital planning, long-range planning, management analysis, and strategic planning). The FY 2024 Administrative Services budget is $11.9 million with 57.98 FTE.
The City of Palo Alto selected Teri Black and Company (“TBC”) an experienced executive talent search firm to conduct an extensive recruitment for the next Administrative Services Director/ Chief Financial Officer. TBC notably has done several Finance Director recruitments in the state of California and specifically in the bay area. On August 15, 2023, Teri Black and City staff met with the Finance Committee to seek their input for the key characteristics of candidates for this Item 12
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executive position1. Focus groups were completed for Administrative Services Department staff to provide feedback in the process as well. As discussed with the Finance Committee, in response to the challenging recruitment environment, the City engaged in a 5-week advertising, marketing, and direct outreach campaign (contacting over 80 potential candidates) to generate a qualified and competitive candidate pool.
DISCUSSION
After conducting a thorough selection process which included multiple panel interviews with internal and external experts, and screening based on Finance Committee feedback, the City Manager selected Lauren Lai to be the next Administrative Services Director/Chief Financial Officer.
Lai holds a bachelor’s degree in accounting, a master’s degree in public administration, a Certificate in public accountancy (CPA), and has over 25 years of financial experience in local government and private sector financial roles. Lai has previously served as the Finance Director in four (4) cities in California, including Milpitas, Monterey, Marina, and Capitola.
Lai’s annual salary will be $275,000, which is within the Council-approved salary range for this position.
FISCAL/RESOURCE IMPACT
Sufficient funding is available in the FY2024 Adopted Operating Budget for this appointment and no additional appropriation is required. The ongoing costs will be incorporated into the development of the FY2025 Operating Budget.
APPROVED BY:
Sandra Blanch
1 Finance Committee, August 15, 2023, Item #1,
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City Council
Staff Report
From: City Manager
Report Type: ACTION ITEMS
Lead Department: Fire
Meeting Date: February 26, 2024
Report #:2311-2238
TITLE
PUBLIC HEARING: Objections to Weed Abatement at Affected Properties and Approval of Affected Property List for Commencing Weed Abatement in 2024; CEQA status – exempt
RECOMMENDATION
Staff recommends that Council:
a. Adopt a determination that weed abatement activities in 2024, as described in Resolution 10135 (Attachment A) adopted by Council on December 4, 2023, are exempt under Class 8 (CEQA Guidelines section 15308);
b. Hold a Public Hearing to hear and consider any objections to the proposed destruction and removal of weeds in 2024 at the properties listed in Attachment B; and c. Approve the final list of affected properties for weed abatement in 2024 (Attachment B) following the public hearing, and direct weed abatement activities to commence at those properties in accordance with Resolution 10135.
EXECUTIVE SUMMARY
The City of Palo Alto contracts with the Santa Clara County Department of Agriculture and Environmental Management to remove and destroy weeds, as defined in Palo Alto Municipal Code Chapter 8.08. This hearing allows all property owners affected and listed on the County’s 2024 Weed Abatement Program Commencement Report (Attachment B) to be heard and have their objections and comments considered by the Council before the Council finalizes the list of properties ordered to abate weed nuisances in the City in 2024, under Resolution 10135.
An overview of the program and annual calendar for the steps involving City Council action is provided in Attachment C.
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BACKGROUND
The Council adopted Resolution 10135 on December 4, 2023, which declared weeds to be a nuisance and ordered the abatement of that nuisance as called for in Palo Alto Municipal Code Chapter 8.08 (Attachment A). Resolution 10135 provided for a public hearing date of February 26, 2024, and required notice to interested property owners and the public.
ANALYSIS
The Santa Clara County Department of Agriculture and Resource Management maintains the contract to abate weeds within the City of Palo Alto. Following City Council’s December 4, 2023 adoption of Resolution 10135 declaring weeds to be a nuisance and ordering abatement thereof in 2024, the Department of Agriculture and Resource Management took steps to notify each affected property owner by mail of the proposed weed abatement action on their respective properties, and posted, on the public notice bulletin board, a list of the properties affected. The Department of Agriculture and Resource Management has furnished copies of the property listing to the City Clerk and the City Fire Marshal. The City Clerk also posted and published notice of the hearing as required.
At this public hearing, property owners may appear and object to the proposed weed destruction or removal. After the hearing and consideration of any objections, the Council may sustain or overrule any or all objections. The Council may remove properties from the weed abatement commencement report if objections are sustained. After finalizing the affected property list at the public hearing (Attachment B), the County will be asked to perform the abatement work to destroy and remove any weeds.
FISCAL/RESOURCE IMPACT
All charges for the weed abatement services are included as a special assessment on bills for property taxes levied against the respective lots and parcels of land, which are considered liens on these properties.
STAKEHOLDER ENGAGEMENT
The Council adopted Resolution 10135 on December 4, 2023, declaring weeds to be a nuisance and ordering the abatement of that nuisance as called in Palo Alto Municipal Code Chapter
8.08. The Commencement Report was posted publicly in Palo Alto on February 7, 2024.
The notices for the City Council’s February 26, 2024, public hearing ran in the newspaper on February 9, 2024, and February 16, 2024, and the Santa Clara County Agriculture and Resource Management weed abatement program mailed out notice of the public hearing to all addresses on the commencement list on December 15, 2023.
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ENVIRONMENTAL REVIEW
Santa Clara County has determined the Weed Abatement Program be Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA guidelines Section 15308 (Class 8: Actions by Regulatory Agencies for Protection of the Environment).
ATTACHMENTS
Attachment A: Resolution 10135
Attachment B: 2024 Palo Alto Weed Abatement Program Commencement Report Attachment C: Weed Abatement Timeline and Summary
APPROVED BY:
Geoffrey Blackshire, Fire Chief
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1 300_20231120_ab
Resolution No. 10135
Resolution of Intention of the Council of the City of Palo Alto Declaring Weeds to be a Nuisance and Setting February 26, 2024 for a Public Hearing for Objections to Proposed Weed Abatement R E
C I T A L S
A. W
eeds, as defined in Section 8.08.010(b) of the Palo Alto Municipal Code, are anticipated to develop during calendar year 2024 upon streets, alleys, sidewalks, and parcels of private property within the City of Palo Alto sufficient to constitute a public nuisance as a fire menace when dry or are otherwise combustible, or otherwise to constitute a menace to the public health as noxious or dangerous.
N
OW, THEREFORE, the Council of the City of Palo Alto does RESOLVE as follows:
S
ECTION 1. Weeds, as defined in Section 8.08.010(b) of the Palo Alto Municipal Code, which are anticipated to develop during calendar year 2024 upon streets, alleys, sidewalks, and parcels of private property within the City of Palo Alto, are hereby found and determined to constitute a public nuisance. Such nuisance is anticipated to exist upon some of the streets, alleys, sidewalks, and parcels of private property within the City, which are shown, described, and delineated on the several maps of the properties in said City which are recorded in the Office of the County Recorder of the County of Santa Clara, reference in each instance for the description of any particular street, alley, or parcel of private property being hereby made to the several maps aforesaid, and, in the event of there being several subdivision maps on which the same lots are shown, reference is hereby made to the latest subdivision map.
S
ECTION 2. THEREFORE, IT IS ORDERED that the said public nuisance be abated in the manner provided by Chapter 8.08 of the Palo Alto Municipal Code:
i. I
T IS FURTHER ORDERED that a public hearing shall be held on the 26th day of February, 2024, at the hour of 5 pm, or as soon thereafter as the matter may be heard, at the Council Chambers of the Civic Center of said City, at which the Council shall hear objections to the proposed weed abatement of such weeds and give any objections due consideration;
ii. IT IS F
URTHER ORDERED that the Fire Chief of the City of Palo Alto is directed to give notice of the public hearing in the time, manner and form provided in Chapter 8.08 of the Palo Alto Municipal Code.
//
//
DocuSign Envelope ID: 082EEBF0-1FDB-42A9-BEB5-CCB8DE7ADBBF Item 13
Attachment A -
Resolution 10135
Item 13: Staff Report
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2 300_20231120_ab
SECTION 3. Unless the nuisance is abated without delay by the destruction and removal of such weeds, the work of abating such nuisance will be done by the County of Santa Clara Department of Agriculture and Resource Management Office on behalf of the City of Palo Alto, and the expenses thereof assessed upon the lots and lands from which, and/or in the front and rear of which, such weeds shall have been destroyed and removed.
SECTION 4. The City Council of Palo Alto adopts the determination of Santa Clara County, as the lead agency, that the Weed Abatement Program is categorically exempt from the provisions of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15308.
INTRODUCED AND PASSED: December 4, 2023
AYES: BURT, KOU, LAUING, LYTHCOTT-HAIMS, STONE, TANAKA, VEENKER NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
_______
___________________ _____________________________
City Clerk Mayor
AP
PROVED AS TO FORM: APPROVED:
_______
___________________ _____________________________
Assistant City Attorney City Manager
_______
______________________
Fire Chief
_______
______________________
Director of Administrative Services
DocuSign Envelope ID: 082EEBF0-1FDB-42A9-BEB5-CCB8DE7ADBBF Item 13
Attachment A -
Resolution 10135
Item 13: Staff Report
Pg.
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Certificate Of Completion
Envelope Id: 082EEBF01FDB42A9BEB5CCB8DE7ADBBF
Status: Completed
Subject: DocuSign: Resolution 10135 - Weed Abatement
Source Envelope:
Document Pages: 2
Signatures: 6
Envelope Originator:
Certificate Pages: 2
Initials: 0
Vinhloc Nguyen
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
250 Hamilton Ave
Palo Alto , CA 94301
[email protected]
IP Address: 199.33.32.254
Record Tracking
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12/5/2023 4:45:05 PM
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[email protected]
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Timestamp
Aylin Bilir
[email protected]
Assistant City Attorney
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Kiely Nose
[email protected]
Assistant City Manager/CFO
City of Palo Alto
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Geo Blackshire
[email protected]
Fire Chief
Fire Services
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Ed Shikada
[email protected]
Ed Shikada
City of Palo Alto
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Item 13
Attachment A -
Resolution 10135
Item 13: Staff Report
Pg.
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Lydia Kou
[email protected]
Council Member
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Mahealani Ah Yun
[email protected]
Interim City Clerk
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Item 13
Attachment A -
Resolution 10135
Item 13: Staff Report
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Situs APN CITY/STATE2024 WEED ABATEMENT PROGRAMCOMMENCEMENT REPORTCITY OF PALO ALTOTRAExhibit AMIAO, NINA YANTI 931 CLARA DR PALO ALTO CA 94303-400206-0011605EDGEWOODDR003-12-0021 FIROUZDOR, VAHID AND NEJATI , 30 MELROSE CT HILLSBOROUGH CA 940106001136LOISLN003-38-0442 XIA, FAN AND ZHOU , YUAN 170 IRIS WAY PALO ALTO CA 94303-30366001170IRISWY003-41-0083 DENG, JINGJING AND JIANG , LIJUN 20653 CHERYL DR CUPERTINO CA 950146001782GREERRD003-41-0654 HALEY, PHILIP H TRUSTEE & ET AL 506 EISENHOWER ST DAVIS CA 9561660011938CHANNINGAV003-42-0395 KOTHARY, NISHITA N AND SHAH , 1071 EMBARCADERO RD PALO ALTO CA 94303-314960011071EMBARCADERRD003-42-0556 HARA, MICHAEL W TRUSTEE & ET AL 88 SHEARER DR ATHERTON CA 9402760011211FULTONST003-43-0397 ZADIK, YAIR AND LINDA 2385 ST FRANCIS DR PALO ALTO CA 94303-313660012385ST FRANCISDR003-48-0218 KELLER, JEFFREY R 2075 LOUIS RD PALO ALTO CA 94303-345260012075LOUISRD003-50-0219 ZHANG, SONGQING TRUSTEE & ET 179 WALTER HAYS DR PALO ALTO CA 94303-29246001946EL CAJONWY003-52-05710CHOI, BEN CHUNG-MING TRUSTEE & 268 CASTRO ST MOUNTAIN VIEW CA 94041-12046001864EMBARCADERRD003-56-00211AGRAWAL, PARAG AND AGARWALA , 1725 NEWELL RD PALO ALTO CA 94303-29516001742SOUTHAMPTORD003-59-04112LIVERIGHT, MICHAEL 260 BYRON ST PALO ALTO CA 94301-13076001260BYRONST120-02-03013L S & CO PARTNERSHIP 555 BYRON ST UNIT 105 PALO ALTO CA 94301-13036001655EMBARCADERRD120-08-02314KODA, ROSS K TRUSTEE P O BOX 156 SOUTH DOS PALOS CA 936656001733RAMONAST120-27-06315L S & CO. 555 BYRON ST UNIT 105 PALO ALTO CA 9430160012220BRYANTST124-14-02416YURCHENCO, JAMES R 4102 SUTHERLAND DR PALO ALTO CA 94303-473060124102SUTHERLANDDR127-16-00517CHAN, ALLAN FUKWAH AND LAM , 3951 SUTHERLAND DR PALO ALTO CA 94303-472660123951SUTHERLANDDR127-17-01418LUU, JANE AND NG , DAVID M 3640 LUPINE AVE PALO ALTO CA 94303-443160013640LUPINEAV127-21-14019KATO, TAKASHI AND AYANO 3189 LOUIS RD PALO ALTO CA 94303-395560013189LOUISRD127-24-03120E & R INV PROPERTIES LLC ET AL PO BOX 500 BURLINGAME CA 940116001MORENOAVE127-33-06421TANPHAICHITR, SAKSIRI M AND 464 COLORADO AVE PALO ALTO CA 94306-24146001464COLORADOAV132-08-11522RAMCHANDRAN, ASISH AND 2657 KIPLING ST PALO ALTO CA 943066001454COLORADOAV132-08-11823CHOU, LYNN H L PO BOX 60416 PALO ALTO CA 9430660012689BRYANTST132-13-05524 Page 1Santa Clara County Weed Abatement Program24 records of 107 Item 13
Attachment B - 2024 Palo Alto Weed
Abatement Program
Commencement Report
Item 13: Staff Report
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Situs APN CITY/STATE2024 WEED ABATEMENT PROGRAMCOMMENCEMENT REPORTCITY OF PALO ALTOTRAExhibit APAO, JOY J AND KE , SHIAN-REN 67 ORCHARD HILLS ST ATHERTON CA 9402760013166KIPLINGST132-15-00225ZHOU, ZHENG TRUSTEE 354 EL VERANO AVE PALO ALTO CA 94306-29526001354EL VERANOAV132-16-08826VALENTINE, MARY E 3120 COWPER ST PALO ALTO CA 94306-300160013120COWPERST132-20-15527MIZOTE, HARUMI TRUSTEE 339 EL VERANO AVE PALO ALTO CA 94306-29406001339EL VERANOAV132-21-02228ZHANG, QIANLI AND QIU , YUNFENG 309 EL VERANO AVE PALO ALTO CA 94306-29406001309EL VERANOAV132-21-02329CONLIN, CHARLENE M TRUSTEE 25210 JAKE ST VENETA OR 9748760013271BRYANTST132-21-02730DARDEN, RUTHIE L TRUSTEE 3535 BRYANT ST PALO ALTO CA 94306-426360013535BRYANTST132-22-03431CHANG, PEIPEI AND YANG , CALVIN 3503 BRYANT ST PALO ALTO CA 94306-426360013503BRYANTST132-22-03832BEESON, DONALD H TRUSTEE PO BOX 60458 PALO ALTO CA 9430660013358BRYANTST132-22-070333502 BRYANT LLC 257 CASTRO ST UNIT 224 MOUNTAIN VIEW CA 9404160013502BRYANTST132-22-09134TANG, DEXTER CHIHUNG TRUSTEE & 3533 RAMONA ST PALO ALTO CA 94306-354960013533RAMONAST132-22-09735KAPOSHILIN, NICHOLAS TRUSTEE 936 N CALIFORNIA AVE PALO ALTO CA 94303-340560013541BRYANTST132-23-03336LEUNG, JOHN KA YU AND JOANNA PO BOX 5358 SAN MATEO CA 94402-0358600184ROOSEVELTCR132-23-05537LIU, JENKUEI TRUSTEE & ET AL 4039 SCRIPPS AVE PALO ALTO CA 94306-4535600176ROOSEVELTCR132-23-05938MANE, MANOJ BAJIRAO AND 9 ROMAN EAGLE CT PLEASANTON CA 945666001179EL DORADOAV132-25-02139HSU, YEN-FEN TRUSTEE 2876 EMERSON ST PALO ALTO CA 94306-235060012876EMERSONST132-26-00640NARAYANA, SHARATH KESHAVA AND2886 EMERSON ST PALO ALTO CA 94306-235060012886EMERSONST132-26-00741QI, FENG AND CHEN , CHENG-NA 11 ROOSEVELT CIR PALO ALTO CA 94306-4217600111ROOSEVELTCL132-29-01442LYONS, CHARLES P TRUSTEE & ET AL34 ROOSEVELT CIR PALO ALTO CA 94306-4216600134ROOSEVELTCL132-29-06143BERNSTEIN, AMIR D TRUSTEE 18 ROOSEVELT CIR PALO ALTO CA 94306600118ROOSEVELTCL132-29-06944AXELROD, HERBERT AND FUMIKO 220 HARTFORD AVE HUNTINGTON BEACH CA 92648-474160013780WRIGHTPL132-30-01745CHENG, JING 4521 CAMPUS DR UNIT 363 IRVINE CA 9261260013830CARLSONCR132-30-05846PACIFIC BELL TELEPHONE COMPANY600 E GREEN ST RM 300 PASADENA CA 9110160013350BIRCHST132-33-06047YANG, SHIH-WEI AND LIN , LIN 220 MATADERO AVE PALO ALTO CA 94306-28316001220MATADEROAV132-34-02548 Page 2Santa Clara County Weed Abatement Program48 records of 107 Item 13
Attachment B - 2024 Palo Alto Weed
Abatement Program
Commencement Report
Item 13: Staff Report
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Situs APN CITY/STATE2024 WEED ABATEMENT PROGRAMCOMMENCEMENT REPORTCITY OF PALO ALTOTRAExhibit ABASLER, JOSHUA R 3675 PARK BLVD PALO ALTO CA 94306-285360013675PARKBL132-34-04549PAN, NANCY AND LEE , BENSON 3605 PARK BLVD PALO ALTO CA 94306-285360013605PARKBL132-34-05050MAHAL, JASWINDER 180 PARK SHARON DR SAN JOSE CA 95136-253560013561PARKBL132-34-05251CHASE WILTON LLC 3024 ROSS RD PALO ALTO CA 94303-41026001210WILTONAV132-35-01252SONG, ZHIQIANG AND CHEN , 451 WILTON AVE PALO ALTO CA 94306-28596001451WILTONAV132-35-02553ATASHBAND, BAHRAM 443 WILTON AVE PALO ALTO CA 94306-28596001443WILTONAV132-35-02754TONG, PETER AND PAO , CHUNG 18444 FOREST CROSSING CT OLNEY MD 208326001365WILTONAV132-35-03355GODSHALL, KELVIN V ET AL 215 WILTON AVE PALO ALTO CA 94306-28556001215WILTONAV132-35-04256WHPV ALTA LOCALE LLC 530 EMERSON ST STE 150 PALO ALTO CA 9430160012755EL CAMINO132-36-08457WILLIGER, EDWARD M P O BOX 20089 STANFORD CA 94309-00896001421FERNANDOAV132-39-03758BROWN, JONATHAN S AND MIRIAM 415 FERNANDO AVE PALO ALTO CA 94306-28206001415FERNANDOAV132-39-03859MAHANY, GARY W AND KEMP , 389 MATADERO AVE PALO ALTO CA 94306-28336001389MATADEROAV132-40-05360ZHU, LI AND WAN , FANNY TRUSTEE 33345 7TH ST UNION CITY CA 9458760014032PARKBL132-43-02561DING, ZHIMIN AND ZHU , XINYI 3130 RAMONA ST PALO ALTO CA 94306-292260013130RAMONAST132-48-03362BAUMANN, JOHN R TRUSTEE 613 STANFORD AVE PALO ALTO CA 94306-14126001613STANFORDAV137-01-05963LIANG, KE 33206 FALCON DR FREMONT CA 9455560012123YALEST137-01-13464CULPEPPER, BENJAMIN J 335 PANORAMIC WAY BERKELEY CA 9470460012321WELLESLEYST137-02-024651080CAPA LLC 3028 SCOTT BLVD UNIT C SANTA CLARA CA 9505460011082COOLEGEAV137-03-03666MENDELOWITZ, LOUIS I 2153 OBERLIN ST PALO ALTO CA 94306-131860012153OBERLINST137-03-03767STANFORD JEWISH CENTER INC 1289 COLLEGE AVE PALO ALTO CA 94306-134560012017OBERLINST137-03-04768BUSSEY, JASON M AND SACHIKO 2276 HARVARD ST PALO ALTO CA 94306-135160012276HARVARDST137-05-01669EDELMAN, ANDREA TRUSTEE 2195 COLUMBIA ST PALO ALTO CA 94306-123360012195COLUMBIAST137-06-03670KSS INVESTMENT LLC 1380 MIRAVALLE AVE LOS ALTOS CA 94024-574460223708EL CAMINO137-11-07871MEHTA, BIJAL AND PALLAVI 3793 LA DONNA AVE PALO ALTO CA 94306-315160593793LA DONNAAV137-12-01672 Page 3Santa Clara County Weed Abatement Program72 records of 107 Item 13
Attachment B - 2024 Palo Alto Weed
Abatement Program
Commencement Report
Item 13: Staff Report
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Situs APN CITY/STATE2024 WEED ABATEMENT PROGRAMCOMMENCEMENT REPORTCITY OF PALO ALTOTRAExhibit AASHWORTH, DARREN M AND IMANE 721 BARRON AVE PALO ALTO CA 943066059721BARRONAV137-13-04273BLOOMQUIST, LYNDA L TRUSTEE 788 LOS ROBLES AV PALO ALTO CA 94306-315906-059788LOS ROBLESAV137-13-11274JUAN, CHUNG-CHIUNG AND SU 6 ATHERTON OAKS LN ATHERTON CA 9402706-0224146EL CAMINO137-24-03475LELAND STANFORD JR UNIV THE BD 26 N EUCLID AVE PASADENA CA 9110160553460HILLVIEWRD142-16-05976LELAND STANFORD JR UNIV BD 300 PASTEUR DR ALWAY STANFORD CA 9430560551050ARASTRADERRD142-16-06077LELAND STANFORD JR UNIV BOARD 150 PORTOLA RD PORTOLA VALLEY CA 9402506-0553495DEER CREEKRD142-16-06278LELAND STANFORD JR UNIV THE BD 415 BROADWAY ST 3RD FLR REDWOOD CITY CA 940636055DEER CREEKRD142-16-06479LELAND STANFORD JR UNIVERSITY 5301 STEVENS CREEK BLVD SANTA CLARA CA 95051-720106-0553500DEER CREEKSRD142-16-06680SHIU, BOON W AND CHOI , KEEHYUN 4208 RUTHELMA AVE PALO ALTO CA 94306-410960014208RUTHELMAAV148-02-00281FERREIRA, KAVITHA AND JOAO 4206 DARLINGTON CT PALO ALTO CA 94306-412960014206DARLINGTONCT148-03-03782LIU, LEI 4212 DARLINGTON CT PALO ALTO CA 94306-412960014212DARLINGTONCT148-03-03883WANG, YOUXIANG AND LI , ZHENGQI 4236 DARLINGTON CT PALO ALTO CA 94306-412960014236DARLINGTONCT148-03-04484BORDIA, ANUPAM AND SURBHI 4201 PARK BLVD PALO ALTO CA 94306-414460014201PARKBL148-03-06085KARUPASAMY, KARTHIKEYAN 444 DEL MEDIO AVE MOUNTAIN VIEW CA 94040-116160574338SILVIAAV148-12-01386JIANG, WEI AND HAN , QIUXIA 4346 SILVA AVE PALO ALTO CA 94306-442160574346SILVAAV148-12-01487BROWN, THOMAS C AND WANG , 4350 SILVA CT PALO ALTO CA 94306-442260574350SILVACT148-12-01688YIN, JUN AND DUANMU , LAN 4388 SILVA CT PALO ALTO CA 94306-442260574388SILVACT148-12-02889BONTHU, ANAND TRUSTEE & ET AL 633 ARASTRADERO RD PALO ALTO CA 94306-38386022633ARASTRADERRD167-06-01690NEW ATLANTIS LLC639 ARASTRADERO RD PALO ALTO CA 94306-38386022639ARASTRADERRD167-06-06391BACHRACH, SYLVIA RASHMI 12 STAR WAY MOUNTAIN VIEW CA 9404060014179OAK HILLAV175-01-02592BACHRACH, SYLVIA R TRUSTEE 12 STARR WAY MOUNTAIN VIEW CA 9404060014169OAK HILLAV175-01-02693JALILIAN, MOHAMMAD 849 MESA AVE PALO ALTO CA 94306-37106001849MESAAV175-01-03794WEAKLAND, ALAN TRUSTEE & ET 515 FLOWER ST S FLOOR 25 LOS ANGELES CA 9007106-0014243MANUELASCT175-02-05395SMITHWICK ALTON D AND URSULA LPO BOX 60065 PALO ALTO CA 9430660204103OLD TRACERD175-20-07896 Page 4Santa Clara County Weed Abatement Program96 records of 107 Item 13
Attachment B - 2024 Palo Alto Weed
Abatement Program
Commencement Report
Item 13: Staff Report
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Situs APN CITY/STATE2024 WEED ABATEMENT PROGRAMCOMMENCEMENT REPORTCITY OF PALO ALTOTRAExhibit AJOSHI, VIVEK TRUSTEE & ET AL 890 MOCKINGBIRD LN PALO ALTO CA 94306-37196020890MOCKINGBIRDLN175-20-08297WATERS, CHRISTOPHER J TRUSTEE & 609 ARBOLEDA DR LOS ALTOS CA 9402460204186OLD ADOBERD175-20-09298HAO, HSIEH T AND MING C TRUSTEE 4150 OLD ADOBE RD PALO ALTO CA 94306-372660204150OLD ADOBERD175-20-10599VILKIN, PETER D TRUSTEE 3790 EL CAMINO REAL UNIT PALO ALTO CA 9430660204155OLD ADOBERD175-20-110100PALO ALTO HILLS GOLF AND 3000 ALEXIS DR PALO ALTO CA 94304-130360393000ALEXISDR182-35-035101VON CLEMM, PETER F AND JENNIFER 3130 ALEXIS DR PALO ALTO CA 94304-130560393130ALEXISDR182-43-024102JACOBSEN, RUTH E TRUSTEE 966 LAUREL GLEN DR PALO ALTO CA 94304-13226039966LAUREL GLENDR182-43-038103BOGERTY, SHARON D 951 LAUREL GLEN DR PALO ALTO CA 94304-13236039951LAUREL GLENDR182-49-004104YEH KNOLL HOLDING INC A ICE HOUSE ST CENTRAL HONG KONG6039930LAUREL GLENDR182-54-006105SHETH, BEERUD TRUSTEE & ET AL 931 LAUREL GLEN DR PALO ALTO CA 94304-13236039931LAUREL GLENDR182-54-012106LAUREL GLEN LLC 4 VENTURE UNIT 390 IRVINE CA 926186039LAUREL GLENDR182-54-013107